[1976 Code § 78-24; Ord. No. 3-82]
The applicant shall comply with reasonable conditions laid down
by the approving authority for design, dedication, improvements and
the use of the land to conform to the physical and economical development
of the municipality and to the safety and general welfare of the future
residents/owners in the development and the community at large. Where
County Planning Board review or approval is required on a subdivision
or site plan, the approving authority shall condition any approval
it grants upon either timely receipt of a favorable report from the
County Planning Board or approval by the County Planning Board due
to its failure to submit a report within the required time period.
If the county's report is timely and is negative or attaches mandatory
conditions, the original conditional approval by the municipal approving
authority shall be void, and the application shall be denied, and
a new resolution shall be adopted which considers the County Planning
Board's report.
[1976 Code § 78-25; Ord. No. 3-82; Ord. No. 84-7]
The approving authority, when acting upon applications, shall
have the power to grant such exceptions from the subdivision and site
plan requirements of this chapter as may be reasonable and within
the general purpose and intent of the provisions for subdivision/site
plan review and approval if the literal enforcement of one or more
provisions of this chapter is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
The approving authority, when acting upon an application which
includes provisions for lower income housing, may waive those portions
of the design standards that do not create health and safety concerns
for the Township or for the future residents of a development, provided
such exemption from these standards will reduce construction costs
so that the savings therefrom shall be passed on to the buyers and
renters of lower income housing in the form of reduced housing costs.
[1976 Code § 78-26; Ord. No. 3-82]
The approving authority may waive required notices and hearings
for minor and exempt subdivisions and site plans, except where a variance
or conditional use is part of the application. Divisions of land not
considered a subdivision as defined in this chapter shall be exempt
from compliance with the requirements of this chapter only after affirmative
action by the approving authority. Such action shall be taken following
submission of documentation to the approving authority showing the
division of land for agricultural purposes where all resulting parcels
are five acres or larger in size, divisions by testamentary or intestate
provisions, divisions of property by court order and conveyances so
as to combine existing lots by deeds or other instrument, as the case
may be. Until exempted from the subdivision regulations by the approving
authority, a court of competent jurisdiction or administrative officer,
as appropriate, no person can transfer, sell or agree to transfer
or sell, as owner or agent, any land which forms a part of a subdivision
for which approval is required. Until exempted from the site plan
regulations by the approving authority, no alterations or improvements
shall be made nor permits issued.
[1976 Code § 78-27; Ord. No. 3-82]
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use. See Section 30-10, Conditional Use Approval.
[1976 Code § 78-28; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 84-7]
A site plan approval is required for all residential and nonresidential developments which do not meet the definition of "site plan exempt" in Section 30-3. All site plans shall adhere to the design and zoning provisions of this chapter and shall provide performance and maintenance guarantees for the improvements as outlined in Section 30-13.
[1976 Code § 78-29; Ord. No. 3-82]
Where an applicant is seeking simultaneous subdivision and/or site plan review and approval as part of a use variance, all applications shall be accompanied by plats plus other supporting documents as required for subdivision and site plan approval. (See also Section 30-22.)
[1976 Code § 78-30; Ord. No. 3-82; Ord. No. 85-12]
a.
An informal review of a concept plan is optional. At the request
of the developer, the Planning Board shall grant an informal review
of a concept plan for development for which the developer intends
to prepare and submit an application for development. No decisions
will be made, no hearings held and no formal action taken. Neither
the developer nor the approving authority shall be bound by this informal
review.
b.
Filing Procedure. The developer shall file with the administrative
officer, at least seven calendar days prior to the workshop meeting
at which it will be discussed, three copies of the informal plat which
shall include topography of the property in question.
c.
Action by the Approving Authority.
1.
The approving authority shall classify the application as a minor
or major development within 45 days of the date of submission or such
further time as may be consented to by the applicant. If classified
as a minor or exempt subdivision or a minor or exempt site plan, no
public hearing need be required except if a variance or conditional
use is part of the application. If the approving authority requires
any changes prior to resubmitting the plat as a preliminary or final
plat, such changes and/or conditions shall be in writing and shall
be sent to the applicant.
2.
If the approving authority determines the development may, directly
or indirectly, create an adverse effect on either the property being
developed or nearby property, the approving authority may require
the developer to revise the plat.
[1976 Code § 78-31; Ord. No. 3-82; Ord. No. 85-12]
Preliminary plats are required for all major site plans and
major subdivisions. Where any remaining portion of the original tract
is sufficient to be developed or subdivided further, the developer
may be required to submit an informal plat of the remaining portion
to indicate a feasible plan whereby the proposed development, together
with subsequent development, will not create, impose, aggravate or
lead to any adverse effect(s).
[1976 Code § 78-31; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 92-6]
a.
The applicant shall submit to the administrative officer, at least five weeks prior to the first regularly scheduled meeting of the month of the approving authority, 10 black-on-white copies of the preliminary plat along with 15 copies of the plat, first sheet only (not cover sheet) folded so that the title sheet block is showing or, if more than 10 sheets, shall be submitted in individually rolled sets, one translucent reproducible copy of each sheet of the plan, together with microfilm copies of each sheet of the drawings as specified in subsection 30-38.1; 10 completed copies of the application form for preliminary approval; four copies of any protective covenants, deed restrictions and easements applying to the land being developed either existing or proposed or a statement that none exists or are proposed; 10 copies of the drainage calculations and soil erosions and sediment control data as required in Article IV of this chapter; certification from the Township Engineer that he has assigned block and lot numbers; the applicable filing fee; 10 copies of the completed checklist revised to April 30, 1992, incorporated by reference heretofore; and 10 copies of the certification by the Tax Collector that all taxes or assessments for local improvements that are due are paid to date (N.J.S.A. 40:55D-39(E)) and 10 copies of all other supplementary documentation submitted by applicant or requested by the Board.
b.
Reduced Copies of Plat. Reduced copies of the initial submission
of the preliminary plat plan sheet and 18 reduced copies of subsequent
resubmissions involving modifications to the road layout shall be
submitted. Each plan sheet shall show the entire tract with all proposed
lots, easements and public improvements. This reduction shall not
exceed 11 inches in height and shall be at least 8 1/2 inches
in width. The resulting scale shall be a multiple of one inch equals
100 feet and shall result in a map with a final scale no smaller than
one inch equals 500 feet. If it is necessary to reduce the scale below
one inch equals 500 feet, the applicant should seek guidance from
the approving authority. The intent of this reduction is to provide
municipal agencies with a copy of the entire subdivision, in legible
form, on one sheet of paper for their information and use. A sample
reduction is available for review at the office of the Township Clerk.
c.
A corporation or partnership applying for permission to subdivide
a parcel of land into six or more lots or for a variance to construct
a multiple dwelling of 25 or more family units or for approval of
a site to be used for commercial purposes shall list the names and
addresses of all stockholders or individual partners owning at least
10% of its stock of any class or at least 10% of the interest in the
partnership, as the case may be. If a corporation or partnership owns
10% or more of the stock of a corporation or 10% or greater interest
in a partnership, subject to the above disclosure, that corporation
or partnership shall list the names and addresses of its stockholders
holding 10% or more of its stock or 10% or greater interest in the
partnership, as the case may be, and this requirement shall be followed
by every corporate stockholder or partner, in a partnership, until
the names and addresses of the noncorporate stockholders and individual
partners exceeding the 10%-ownership criterion established in this
Act have been listed. No Planning Board, Board of Adjustment or municipal
governing body shall approve the application of any corporation or
partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
d.
The application shall include a complete environmental impact report (Section 30-59b), as those requirements may have been modified by data submitted at the informal plat stage or a written request for a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request. The applicant shall provide any required data within 15 days or at least 15 days prior to the date the approving authority is required to act, whichever comes first.
[1976 Code § 78-31; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 21-82; Ord. No.
85-12]
a.
The administrative officer shall be authorized to reject an application as incomplete. The approving authority may accept the submission as a complete application upon recommendation(s) from the administrative officer. Such action shall be taken in compliance with the provisions of Section 30-8 of this chapter.
b.
Public Hearing. If accepted as an application, a public hearing date
shall be set by the approving authority and notice given.
c.
Upon submission of a plat, the administrative officer shall submit
two copies to the Planning Board and one copy of the plat and supporting
data to the County Planning Board, Municipal Engineer, Planning Board
Engineer and Board of Health, Township Clerk, Environmental Commission,
Fire Hydrant Examiner, Police Department and any other agency or person
as directed by the approving authority for review and action. In addition,
copies of the reduced plat shall be distributed to the First Aid Squad,
Board of Education, Board of Recreation Commissioners, Construction
Official and Administrator. Each shall have not more than 30 days
from receipt of the plat to report to the approving authority. In
the event of disapproval, such report shall state the reasons therefor.
If any agency or person fails to submit a report within 30 days, the
plat shall be deemed to have been approved by them. Upon mutual agreement
between the County Planning Board and the approving authority, with
approval of the developer, the thirty-day period for a County Planning
Board report may be extended for an additional 30 days, and any extension
shall so extend the time within which the approving authority is required
to act.
d.
A subdivision of 10 or fewer lots shall be granted or denied within
45 days of the date of a complete submission or within such further
time as may be consented to by the developer. With more than 10 lots,
the approving authority shall grant or deny preliminary approval within
95 days of the date of a complete submission or within such further
time as may be consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval to
the subdivision.
e.
The approving authority shall grant or deny preliminary site plan
approval within the following time periods, unless some further time
has been consented to by the developer in writing:
f.
If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision and
that plan had been the subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
g.
The approving authority may approve or disapprove the application, including action on the environmental impact report (Section 30-59). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by Section 30-20, Public Hearings. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman in the Chairman's absence, and Municipal Engineer shall sign each page of the plat indicating the approval.
h.
Distribution of Approved Preliminary Plat. The administrative officer
shall transmit the signed reproducible copy to the Municipal Engineer
for reproduction of the required number of copies. Upon receipt of
the copies, the administrative officer shall distribute one signed
copy to each of the following:
1.
Municipal Engineer.
2.
Construction Official.
3.
Tax Assessor.
4.
Planning and/or Zoning Board.
5.
Board of Health.
6.
County Planning Board.
7.
Official issuing certification as to approval of subdivisions as
provided in N.J.S.A. 40:55D-56.
8.
Planning Board Engineer.
9.
Police Department.
10.
Applicant.
11.
Township Clerk.
i.
Preliminary approval of a subdivision or site plan shall, except
as provided in paragraph 4 below, confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval;
otherwise the approval shall be void.
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and any requirements
peculiar to site plan approval, except that nothing herein shall be
construed to prevent the Township from modifying by ordinance such
general terms and conditions of preliminary approval as relate to
public health and safety.
2.
That 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 plat.
3.
That the applicant may apply for and the approving authority 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 the design standards have been revised by ordinance,
such revised standards may govern.
4.
In the case of a development for an area of 50 acres or more, the
approving authority may grant the rights referred to in paragraphs
1, 2 and 3 above for such period of time, longer than three years,
as shall be determined by the approving authority to be reasonable,
taking into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval and the potential
number of dwelling units and nonresidential floor area of the section(s)
awaiting final approval, economic conditions and the comprehensiveness
of the development, provided that, if the design standards have been
revised, such revised standards may govern.
j.
If improvements are to be installed prior to final approval, engineering
inspection fees as determined by the Township Engineer shall be posted
prior to the commencement of any work. In addition, the Township Engineer
shall be notified at least two working days prior to the start of
any work.
[1976 Code § 78-32; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 13-83; Ord. No.
84-83; Ord. No. 85-12; Ord. No. 2004-12 § I]
a.
Within three years, plus any granted extensions, of the memorialization
of preliminary approval, the developer shall file with the administrative
officer at least two weeks prior to the meeting of the approving authority
at which it seeks final approval for all or a portion of the proposed
development, the following items: one reproducible copy of each sheet,
10 black-on-white paper prints of the plat folded so that the title
block is showing, or, if more than 10 sheets, shall be submitted in
individually rolled sets, 10 completed copies of the application form
with supporting exhibits and final plat checklist, three copies of
the developer's agreement along with the performance guaranty, including
off-tract improvements, if any, any maintenance guaranties, the applicable
fees, including engineering inspection fees, certification by the
Tax Collector that all taxes and assessments for local improvements
are paid to date (N.J.S.A. 40:55D-39(E)), and that all lot and block
numbers have been assigned by the Municipal Engineer; and certification
of the plan by the Soil Conservation District pursuant to the Soil
Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. Each filing
shall include a translucent reproducible copy of each sheet of the
development plan. Each filing shall also include one 35 millimeter
microfilm standard aperture card from safety-base, permanent record
film with a gelatin-silver halide emulsion developed to a black-and-white
image and meeting the standards of the American National Standards
Institute (ANSI) PH 1.28, PH 1.29 and PH 1.41, and shall be provided
for each sheet of submission. Each aperture card shall contain the
following information:
1.
Name and number of subdivision or site plan.
2.
Name, title and address of the applicant.
3.
Date and number of the sheet shown on the microfilm.
4.
Tax Map block and lot number(s).
5.
One 35 millimeter microfilm strip made from safety-base, permanent
record film with a gelatin-silver halide emulsion developed to a black-and-white
image and meeting the standards of the American National Standards
Institute (ANSI) PH 1.28, PH 1.29 and PH 1.41, as amended and supplemented,
shall also be provided for each submission. The strip shall meet all
of the requirements of the New Jersey State Records Committee Microfilm
Standards — Counties, Municipalities, School Districts, adopted
July 1981, and as amended and supplemented, including but not limited
thereto, the following:
(a)
All roll film must have the following targets at the beginning
of the reel: density targets; National Bureau of Standards' resolution
target; certificate of authenticity; and title target containing title
of records filmed, filmed start file and end file (if known), reduction
ratio, camera type, film type, and department or agency having custody
of the records.
(b)
All roll film will have the following targets at the end of
each reel: density targets; National Bureau of Standards' resolution
target; and operator's certificate.
(c)
For most documents, optimum density should read 1.0 to 1.20
for original first-generation camera film. Acceptable standards will
fall between a minimum of 0.80 and a maximum of 1.35. The supervisor
must use judgment to determine the most suitable density within this
range for the documents being filmed. To permit a more accurate reproduction
of the original roll, each image should maintain, as far as possible,
a specific density throughout the roll. Since the color of the original
documents will affect the density of the image and not all documents
in a particular record series may have the same color, an average-density
aim point should be chosen.
(d)
A density minimum reading taken from the non-image or clear
area of the film will not exceed a reading of 0.12 or manufacturer's
specifications using automatic retrieval systems. Readings should
be made close to the center of the film strip to avoid edge fog interference.
(NOTE: Both background density and D-min density must be taken with
a transmission densitometer.)
(e)
A microscope having a magnification of 50X to 150X with achromatic
objectives must be used to read the resolution from the National Bureau
of Standard's microcopy resolution test chart. The line direction
method will be used in making the determination of resolution. A minimum
resolution of 80 lines per millimeter on rotary cameras and 110 lines
per millimeter on planetary cameras must be obtained on first-generation
camera film.
(f)
Thiosulfate residual content should be tested at least once
a month. Only the methylene blue test method will be considered sufficiently
reliable to determine archival quality. American National Standards
Institute PH 1.28 of 1973 states the following levels of thiosulfate
concentration that must be observed for archival microfilm:
|
Limits for Thiosulfate Concentration
| |
|---|---|
|
Classification of Films According to Graininess of Developed
Image
|
Maximum Permissible Concentration of Thiosulfate Ion (SO) (micrograms
per square centimeter)
|
|
Class 1: fine-grain copying, duplication and printing films
(includes ordinary microfilms)
|
0.7
|
|
Class 1: medium-grain continuous-tone camera films (negative
and reversal) and coarse-grain X-ray films
|
2
|
(g)
All film must be processed to meet National Bureau of Standards
PH 4.8. Dry-chemical processing will not be acceptable. Film failing
to meet the specified limits for thiosulfate concentration will not
be acceptable.
(h)
All film must be inspected for proper indexing, density, resolution
and for residual thiosulfate. Film should be free of scratches, abrasions,
blemishes or other defects.
b.
Staging Plan. For any area that will be developed in stages, the
approving authority may require the developer to submit a total development
plan in such detail as required by the approving authority. Developers
of large uses may request and the approving authority may approve
the construction of such uses in stages, provided that the plan is
accompanied by a sectionalization and staging plan showing the following:
1.
The anticipated date for commencing construction of each stage. The
staging of development on the site shall be such that if development
of the site were discontinued after the completion of any stage, the
developed portion of the site would comply in all respects to the
requirements of this chapter and be provided with adequate drainage
and utility systems.
2.
Those improvements that will be completed in each stage prior to
application for certificate of occupancy. The plan shall demonstrate
that the staging of construction will minimize adverse effects upon
occupied buildings in the site and adjoining properties.
3.
Written descriptions of the proposed operation in sufficient detail
to indicate the effects of the use in producing traffic congestion,
noise, glare, air pollution, fire hazards or safety hazards. For nonresidential
uses, the written description shall also include the hours of operation
of the use, the number of shifts to be worked, the number of employees
in each shift, the number of vehicles to be stored or parked on the
site and provisions to be made for site maintenance.
c.
Where utility services are to be extended to the development, the
final plat shall be accompanied by letters directed to the Chairman
of the approving authority and signed by a responsible officer of
the sewer authority and utility which provides gas, telephone and
electricity that has jurisdiction in the area. Such letter shall approve
each proposed utility installation design and state who will construct
the facility. In addition, a signed contract with the water company
which has jurisdiction for providing water under its franchise for
the area in question shall be required.
d.
The final plat shall be accompanied by a statement by the Municipal
Engineer that he is in receipt of a map showing all utilities and
other improvements, both in the development and off-tract improvements,
in exact location and elevation, that he has examined the street,
drainage, erosion, stormwater control and excavation plans and found
that the interests of the Township and of nearby properties are fully
protected and identifying those portions of any improvements already
installed and that the developer has either:
e.
The final plat shall be approved only if all improvements have been
installed to the satisfaction of the Board in accordance with the
approved preliminary plat or a revision thereof approved in accordance
with this chapter and maintenance guaranties have been posted with
the Township Clerk or, if such improvements have not been so installed,
performance guaranties have been posted with the Township Clerk for
all on-tract, off-tract, on-site and off-site improvements and the
applicant signs an agreement with the Township, which includes among
other things:
1.
Approval by the applicant of the terms of the performance guaranty
to be posted with the Township Clerk;
2.
Certification that the applicant agrees to comply with the provisions
of this chapter and a delineation of the specific conditions of such
compliance which shall be met prior to permitting the occupancy of
any dwelling unit or lot or selling any lot in the subdivision; provided,
however, that no provision of this chapter shall prohibit the sale
of the entire tract comprising the subdivision or portion thereof,
for which final approval has been obtained, nor the transfer of the
agreement to a purchase of the entire tract, or any portion thereof;
and
3.
Certification that the applicant understands that all construction
in the subdivision, except as may be required by the following, may
be stopped by the governing body if he fails to correct damage to
adjoining or nearby properties resulting from the development of the
subdivision and all conditions causing such problems within 10 days
from the date of notification by the Township Engineer that unreasonable
damage has or is being caused and that he understands that, if he
fails to complete such corrective action as may be required within
an additional 10 days, the governing body may instruct the Township
Engineer to cause such corrective action to be taken at the subdivider's
expense, the cost of such action to be deducted from the cash bond
deposit with the Township Clerk. The Township Clerk shall thereafter
require the applicant to post additional funds to replenish the deposit.
[1976 Copy § 78-32; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 2004-12 § II]
a.
The approving authority shall grant final approval if the application
is complete and if it conforms to the chapter, the conditions of previous
reviews and the standards prescribed by the Map Filing Law, N.J.S.A.
46:23-9.9 et seq. In the case of a planned development the approving
authority may permit minimal deviations from the conditions of preliminary
plat approval necessitated by change of conditions beyond the control
of the developer since the date of preliminary approval. Minimal deviations
shall not require the developer to submit another application for
preliminary approval. The administrative officer shall be authorized
to reject an application as incomplete. In the event that the administrative
officer does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless (a) the application
lacks information indicated on the Township of Holmdel Development
Plan Checklist dated Revised April 19, 1985, incorporated herein by
reference and adopted herein, a copy of which shall be provided to
the applicant upon request for an application and (b) the administrative
officer has notified the applicant, in writing, of the deficiencies
in the application within 45 days of the submission of the application.
b.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer or within
such further time as may be consented to by the applicant. An approved
final plat shall be signed by the Chairman and Secretary of the approving
authority, or the Vice Chairman in the Chairman's absence. Failure
of the approving authority to act within the period prescribed shall
constitute final approval and a certificate of the administrative
officer as to the failure of the approving authority to act shall
be issued on request of the applicant. Such certificate shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required and shall be so accepted by the County Recording Officer
for purposes of filing subdivision plats.
c.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving
authority shall condition any approval that it grants upon timely
receipt of a favorable report from the County Planning Board or upon
its failure to submit a report within the required time period.
d.
(Reserved)
e.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The approving authority may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat. No subdivision plat shall be accepted
for filing by the County Recording Officer until it has been approved
by the approving authority as indicated on the instrument by the signature
of the Chairman and Secretary of the approving authority, or the Vice
Chairman or Assistant Secretary in their absence, respectively, or
a certificate has been issued as to the failure of the approving authority
to act within the required time. The signatures of the Chairman and
Secretary shall not be affixed until the developer has posted the
required performance and maintenance guarantees. If the County Recording
Officer records any plat without such approval, such recording shall
be deemed null and void, and, upon request of the municipality, the
plat shall be expunged from the official records. It shall be the
duty of the County Recording Officer to notify the Planning Board,
in writing, within seven days of the filing of any plat, identifying
such instrument by its title, date of filing and official number.
f.
The zoning requirements applicable to the preliminary approval first
granted to a site plan or a major subdivision and all other rights
conferred upon the developer pursuant to the Municipal Land Use Law,
whether conditionally or otherwise, shall not be changed for a period
of two years after the date of final approval, provided that, in the
case of a subdivision, the approved final subdivision plat has been
filed with the County Recording Officer. If the developer has followed
the standards prescribed for final approval, the approving authority
may extend such period of protection for extensions of one year, but
not to exceed three extensions. Upon granting of final approval, the
rights conferred upon the applicant by the granting of preliminary
approval shall be terminated upon final approval. Final site plan
approval and/or final subdivision approval, and all rights conferred
thereby, shall expire after two years, plus any granted extensions,
from the date of memorialization of final approval, unless a building
permit has been issued.
g.
Provided that the approved final plat or a deed of the approved minor
subdivision has been filed with the County Recording Officer, the
zoning requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision approval was granted shall
not be changed for a period of two years after the date of minor subdivision
approval.
h.
In the case of a subdivision or site plan for a planned development
of 50 acres or more or conventional subdivision or site plan of 150
acres or more, the approving authority may grant the rights referred
to in paragraphs f and g above for such period of time, longer than
two years, as shall be determined by the approving authority to be
reasonable, taking into consideration the number of dwelling units
and nonresidential floor area permissible under final approval, economic
conditions and the comprehensiveness of the development. The developer
may apply for and the approving authority may thereafter grant an
extension of final approval for such additional period of time as
shall be determined by the approving authority to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, the number of dwelling
units and nonresidential floor area remaining to be developed, economic
conditions and the comprehensiveness of the development.
i.
Distribution of Approved Plat. The administrative officer shall arrange
to have copies of the signed final plat reproduced and shall file
the master copy in the office of the Township Clerk. The administrative
officer shall send one copy, except as noted, of the signed final
plat to each of the following:
1.
Municipal Engineer.
2.
Construction Official.
3.
Tax Assessor.
4.
Planning or Zoning Board.
5.
Board of Health.
6.
County Planning Board.
7.
Official issuing certification as to approval of subdivisions as
provided in N.J.S.A. 40:55D-56.
8.
Planning Board Engineer.
9.
Tax Collector.
10.
Board of Education.
11.
Board of Recreation Commissioners.
12.
Applicant, one copy, one translucent tracing cloth copy equivalent
of the master copy and one cloth print.
[Ord. No. 98-30 § I]
a.
General Development Plans, Submission and Time for Decision.
1.
Submission. Any developer of a parcel of land greater than 100 acres
in size for which the developer is seeking approval of a planned development
pursuant to P.L. 1975, c. 291 (C. 40:55D-1 et seq.) may submit a general
development plan to the Planning Board prior to the granting of preliminary
approval of that development by the Planning Board pursuant to Section
34 of P.L. 1975, c. 291 (C. 40:55D-46) or Section 36 of P.L. 1975,
c. 291 (C. 40:55D-48).
2.
Time for Decision. The Planning Board shall grant or deny general
development plan approval within 95 days after submission of a complete
application to the administrative officer, or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute general
development plan approval of the planned development.
b.
Contents of the General Development Plan. The general development
plan shall set forth the permitted number of dwelling units, the amount
of nonresidential floor space, the gross residential density, and
the nonresidential floor area ratio for the planned development, in
its entirety, according to a schedule which sets forth the timing
of the various sections of the development in a chronological sequence
of events as described in paragraph b11 below.
The planned development shall be developed in accordance with
the general development plan approved by the Planning Board, notwithstanding
any provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.), or an ordinance
or regulations adopted pursuant thereto after the effective date of
the approval.
A general development plan shall include, but is not limited
to, the following:
1.
A general land use plan at a scale of not less than one inch equals
100 feet or such other scale permitting the entire site to be shown
on one sheet. Enlargement of portions of the plan may be submitted
on separate sheets of the same size. The plan shall indicate the tract
area and general locations of the land uses to be included in the
planned development. The total number of dwelling units and amount
of nonresidential floor area to be provided and proposed land area
to be devoted to residential and nonresidential uses to be included
in the planned development shall be set forth, and the land area to
be occupied by each proposed use shall be estimated. The gross density
and intensity of use of the entire planned development shall be set
forth, and a residential density and a nonresidential floor area ratio
shall be provided.
2.
A circulation plan showing the general location and types of transportation
facilities, including a general description of proposed improvements
for pedestrian access within the planned development and any proposed
improvements to the existing transportation system outside the planned
development. The circulation plan shall be accompanied by a traffic
impact report and the applicant shall be responsible for off-site
traffic improvements in accordance with N.J.S.A. 40:55D-42 and municipal
ordinances that govern same. In addition, the plan shall incorporate
appropriate traffic demand management.
3.
An open space plan showing the proposed land area and general location
of parks and any other land area to be set aside for conservation
and recreational purposes and a general description of improvements
proposed to be made thereon, including a plan for the operation and
maintenance of parks and recreational lands. The open space plan shall
be accompanied by a timing schedule evidencing when open space areas
will be set aside and when construction of recreational amenities
will commence and be completed.
4.
A utility plan showing the need for and showing the proposed location
of sewage and water lines, any drainage facilities necessitated by
the physical characteristics of the site, proposed methods for handling
solid waste disposal, and a plan for the operation and maintenance
of proposed utilities.
5.
A stormwater management plan setting forth the proposed method of
controlling and managing stormwater on the site and off-site (if applicable).
6.
An environmental inventory and assessment in accordance with the Township's Environmental Impact Report requirements (Section 30-59), including a general description of the vegetation, soils, topography, geology, surface hydrology, climate, and cultural resources of the site, existing or man-made structures or features and the probable impact of the development on the environmental attributes on the site.
7.
A community facility plan indicating the scope and type of supporting
community facilities which may include, but not be limited to educational
or cultural facilities, historic sites, libraries, hospitals, firehouses,
municipal buildings, and police stations.
8.
A housing plan outlining the number of housing units to be provided
and the extent to which any housing obligation assigned to the municipality
pursuant to P.L. 1985, c. 222 (C. 52:27D-30) et seq.) will be fulfilled
by the development.
9.
A local service plan indicating those public services which the applicant
proposes to provide and which may include, but not be limited to,
water, sewer, cable, solid waste disposal, including separation and
recycling of recyclable materials. The plan shall also indicate anticipated
ownership and responsibilities for these facilities.
10.
A fiscal report describing the anticipated demand on municipal services
to be generated by the planned development and any other financial
impacts to be faced by the municipality or school district as a result
of completion of the planned development. The fiscal report shall
also include a projection; of property tax revenues which will accrue
to the County, municipality and school district according to the timing
schedules provided under paragraph b11 below, and following completion
of the planned development in its entirety.
11.
A proposed development schedule in the case of a planned development
where construction is contemplated over a period of years, including
any terms or conditions which are intended to protect the interests
of the public and of the residents who occupy any section of the planned
development prior to the completion of the project in its entirety.
The development schedule referred to herein need not be a schedule
of specific dates but can be a series of sequential events that provides
for a logical progression of the build-out and completion of the project
in coordination with any on-site and off-site improvements required
by the Planning Board of the municipality; and
12.
A municipal development agreement, which means a proposed written
agreement between the municipality and the applicant relating to the
planned development.
c.
Terms and Duration of Approval.
1.
The term and effect of the general development plan approval shall
be determined by the Planning Board using the guidelines set forth
in paragraph c2 below, except that the term of the effect of the approval
shall not exceed 10 years from the date upon which the developer receives
final approval of the first section of the planned development pursuant
to P.L. 1975, c. 291 (C. 40:55D-1 et seq.);
2.
In making its determination regarding the duration of the effect
of approval of the development plan, the Planning Board shall consider
the number of dwelling units or amount of nonresidential floor area
to be constructed, prevailing economic conditions, the timing schedule
to be followed in completing the development and the likelihood of
its fulfillment, the developer's capacity of completing the proposed
development, and the contents of the general development plan and
any conditions which the Planning Board attaches to the approval thereof.
However, the Planning Board, in establishing the timing schedule pursuant
to paragraph b11 hereof, and the municipality in negotiating the development
agreement pursuant to paragraph b12 hereof, may allow for application
for preliminary approval for section(s) of the planned development
subsequent to the five year limitation of N.J.S.A. 40:55D-45.7(b).
The municipality shall not have cause to terminate the general development
plan approval as long as the timing schedule and the development agreement
allowing section by section preliminary approvals subsequent to the
five-year period are being met.
d.
Modification of Proposed Development Schedule. In the event that
the developer seeks to modify the proposed development schedule, such
modification shall require the approval of the Planning Board. The
Planning Board shall, in deciding whether or not to grant approval
of the modification, take into consideration prevailing economic and
market conditions, anticipated and actual needs for residential units,
and nonresidential space within the municipality and the region, and
the availability and capacity of public facilities to accommodate
the proposed development.
The developer shall gain the prior approval of the Planning
Board if, after approval of the general development plan, the developer
wishes to make any variation in the location of land uses within the
planned development or to increase the density of residential development
or the floor area of nonresidential development in any section of
the planned development; provided, however, that the Planning Board,
in approving the location of land uses, density, and floor area ratio
in any section, may allow reasonable variations from the development
plan within specific ranges incorporated in the approved development
plan which changes are in accordance with the zoning ordinance and
do not adversely affect the proposed infrastructure or other basic
elements of the development plan.
e.
Amendments, Revisions, and Allowable Reductions.
1.
Except as provided in paragraph e2 below, once a general development
plan has been approved by the Planning Board, it may be amended or
revised by the Planning Board upon application of the developer.
2.
Without violating the terms of the general development plan approval
granted by the Planning Board, a developer may, in undertaking any
section of the planned development, reduce the number of residential
units or amounts of nonresidential floor space in the section in question
by no more than 15%; provided, however, that a developer may not reduce
the number of residential units to be provided pursuant to P.L. 1985,
c. 222 (C. 52:27D-30 et seq.) without prior municipal approval.
f.
Notice of Completion; Nonfulfillment, Termination of Approval.
1.
Upon the completion of each section of the development as set forth
in the approved general development plan, the developer shall notify
the administrative officer of the municipality, by certified mail,
as evidence that the developer is fulfilling his obligations under
the approved plan. For purposes of this section, "completion" of any
section of the development means that the developer has acquired a
certificate of occupancy for every residential unit or every nonresidential
structure as set forth in the approved general development plan and
pursuant to Section 15 of P.L. 1985, c. 217 (C. 52:27D-133). If the
municipality does not receive such notification at the completion
of any section of the development, the municipality shall notify the
developer, by certified mail, in order to determine whether or not
the terms of the approved plan are being complied with.
2.
If the developer does not complete any section of the development
within the time required in the Planning Board's approval of the general
development plan, or if at any time the municipality has cause to
believe that the developer is not fulfilling his obligations pursuant
to the approved plan, the municipality shall notify the developer,
by certified mail, and the developer shall have 10 days within which
to give evidence that he is fulfilling his obligations pursuant to
the approved plan. The municipality shall thereafter conduct a hearing
to determine whether or not the developer is in violation of the approved
plan. If, after such a hearing, the municipality finds good cause
to terminate the approval, it shall provide written notice of same
to the developer and the approved plan shall be terminated 30 days
thereafter.
3.
In the event that a developer who has a general development plan
approval does not apply for preliminary approval for the planned development
which is the subject of the general development plan approval within
the time provided in the Developer's Agreement or within five years
of the date upon which the general development plan has been approved
by the Planning' Board (whichever is later), the municipality shall
have cause to terminate the approval, unless an extension is agreed
upon by the mutual consent of the applicant and the municipality.
g.
Termination of Approval Upon Completion. In the event that a development
plan is completed before the end of the term of approval, the approval
shall terminate upon the completion of the development. For purposes
of this section, a development shall be considered complete on the
date upon which certificate of occupancy has been issued for the final
residential or nonresidential structure in the last section of the
development in accordance with the timing schedule set forth in the
approved general development plan and the developer has fulfilled
all of his obligations pursuant to the approval.
[1976 Code § 78-32.1; Ord. No.
3-82; Ord. No. 85-12; Ord. No. 92-6]
a.
The applicant shall submit to the administrative officer, at least five weeks prior to the first regularly scheduled meeting of the month, the following items relating to a minor subdivision/site plan: one reproducible copy of each sheet of the minor subdivision/site plan 10 black-on-white paper prints of the plat along with 15 copies of layout sheet folded so the title block is showing or, if more than 10 sheets, shall be submitted in individually rolled sets, one translucent reproducible copy of each sheet of the plan, together with microfilm copies of each sheet of the drawings as specified in subsection 30-38.1; 10 completed copies of the application form for approval; four copies of any protective covenants, deed restrictions and easements applying to the land being developed either existing or proposed or a statement that none exists or are proposed; 10 copies of the drainage calculations and soil erosion and sediment control data as required in Article IV of this chapter; certification from the Township Engineer that he has assigned block and lot numbers; the applicable filing fee; 10 copies of the completed checklist revised to April 30, 1992, incorporated by reference heretofore; and certification by the Tax Collector that all taxes and assessments for local improvements that are due and paid to date (N.J.S.A. 40:55D-39(E)),; and 10 copies of all other supplementary documentation submitted by applicant or requested by the Board.
b.
Each filing shall also include one 35 millimeter microfilm standard aperture card from safety-base, permanent record film with a gelatin-silver halide emulsion developed to a black-and-white image and meeting the standards of the American National Standards Institute (ANSI) PH 1.28, PH 1.29 and PH 1.41, and shall be provided for each sheet of submission. Each aperture card shall contain the information set forth in subsection 30-38.1 paragraphs a1 through a5.
c.
The minor subdivision/site plan plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities and other improvements, both in the development and off-tract
improvements, in exact location and elevation, that he has examined
the street, drainage, erosion; storm water control and excavation
plans and found that the interests of the Township and of nearby properties
are fully protected and identifying those portions of any improvements
already installed and that the developer has either:
[1976 Code § 78-32.1; Ord. No.
3-82; Ord. No. 85-12; Ord. No. 92-6]
a.
The approving authority shall grant approval of the minor subdivision/site
plan plat if the application is complete and if it conforms to the
chapter, the conditions of previous reviews and the standards prescribed
by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
b.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless a plat in conformity with such approval,
including any conditions imposed by the approving authority, and in
conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9
et seq.) or a deed clearly describing the approved minor subdivision
as filed by the developer with the County Recording Officer, the Municipal
Engineer and the Township Tax Assessor. Such plat or deed accepted
for such filing shall have been signed by the Chairman and Secretary
of the approving authority or the Vice Chairman in the Chairman's
absence. In reviewing the application for development for a proposed
minor subdivision the approving authority may accept a plat not in
conformity with the Map Filing Law, provided that if the developer
chooses to file the minor subdivision by plat rather than deed, such
plat shall conform with the provisions of the law.
c.
Distribution of Approved Minor Subdivision/Site Plan Plat. The administrative
officer shall arrange to have copies of the signed minor subdivision/site
plan plat reproduced and shall file the master copy in the office
of the Township Clerk. The administrative officer shall send one copy,
except as noted, of the signed minor plat to each of the following:
1.
Municipal Engineer.
2.
Construction Official.
3.
Tax Assessor.
4.
Planning and/or Zoning Board.
5.
Board of Health.
6.
County Planning Board.
7.
Official issuing certification as to approval of subdivisions as
provided in N.J.S.A. 40:55D-56.
8.
Planning Board Engineer.
9.
Police Department.
10.
Applicant.
11.
Township Clerk.
[1976 Code § 78-33; Ord. No. 3-82; Ord. No. 84-7]
All applications shall be submitted in plat form, and all plats
shall conform to the submission requirements as well as the design
and zoning regulations of this chapter and other regulations referred
to in this chapter, such as the Holmdel Development Design Manual.
All plats shall be drawn by a land surveyor, and all drawings of improvements
shall be prepared by a professional engineer, and all such drawings
shall bear the signature, embossed seal, license number and address
of the preparer.
[1976 Code § 78-33; Ord. No. 3-82; Ord. No. 84-7]
a.
Clearly and legibly drawn.
b.
Graphic scale not less than one inch equals 100 feet.
c.
Existing and proposed street and lot layout, with dimensions, showing
that portion proposed for development in relation to the entire tract
and identifying the location and number of units proposed for lower
income housing.
d.
Existing lot lines to be eliminated.
e.
Area of original tract and of each proposed lot.
f.
Basic intent for water and sewage treatment.
g.
Contours based on Township-owned topographic maps.
h.
Existing structures and uses.
i.
All setback lines as well as the shortest distances between buildings
and proposed or existing lot lines.
j.
All streams, lakes and drainage rights-of-way, including the direction
of flow of all streams, brooks and drainage rights-of-way; the location
of all drainage structures; private cemeteries; and the approximate
location of wooded areas, flood hazard areas and floodway lines, steep
slopes, wetlands and swamps based on Soil Conservation Service data
and the Township's natural resource inventory. Percolation tests and
soil logs are not required. However, where the slope and soil conditions
indicate problems may be encountered, percolation tests and soil logs
as required for the preliminary plat may be advisable.
k.
Existing and proposed rights-of-way and easements within and adjoining
the tract with sight triangles shown. Proposed access points and parking
areas shall be included on site plans.
l.
The Tax Map sheet, block and lot number for the tract and all adjacent
lots; a title including the words "Informal Plat for Review and Classification";
North arrow; space for the application number; the date of the original
drawing; and the date and substance of each revision.
m.
Zoning District(s).
n.
The name, address, signature and phone number of the owner, developer
and person preparing the plat.
o.
A key map with North arrow showing the entire development and its
relation to surrounding areas.
[1976 Code § 78-33; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 12-83; Ord. No.
84-7; Ord. No. 85-12; Ord. No. 90-16; Ord. No. 91-15]
a.
Clearly and legibly drawn.
b.
Graphic scale not less than one inch equals 50 feet.
c.
Based on certified boundary survey not more than five years old.
d.
Sheet sizes of 30 by 42 inches; 24 by 36 inches; 15 by 21 inches;
or 8 1/2 by 13 inches. If more than one sheet is required to
show the entire subdivision, one composite map shall show the entire
subdivision with reference to the sheets on which the various sections
are shown.
e.
Key map with North arrow showing the entire subdivision in relation
to surrounding areas, including the names of principal roads, and
at a scale of not less than one inch equals 2,000 feet.
f.
Title block, including the words "Preliminary Plat, Major Subdivision,"
or "Minor Subdivision Map", as appropriate, with the name of the subdivision;
the name of the municipality; the most recent tax map sheet, block
and lot number and the date of the tax map sheet used; date of preparation
and most recent revision; meridian; North arrow, graphic scale; the
names, addresses, phone numbers and signatures of the owner, developer
and person(s) who prepared the plat(s), including the seal of the
latter; and space for the application number.
g.
The names of all property owners within 200 feet of the limits of
the development as disclosed on the most recent municipal tax records.
h.
Tract acreage to nearest 0.01 of an acre; the number of new lots
specifying those lots proposed for lower income housing; each lot
line dimension scaled to the nearest foot; and each lot area to the
nearest square foot.
i.
Existing and proposed topographic data shall be shown at one inch
equals 100 feet for comparison to Township-owned topographic maps.
Existing and proposed contours at two foot intervals shall be shown
for areas with less than 10% slope and five foot intervals for areas
with 10% or greater slopes. For tracts containing slopes in more than
one category, the developer shall show every ten-foot contour with
a wider line. In instances where there is more than one slope category,
the approving authority may allow some other satisfactory contour
intervals and topographic data to meet the objectives of this section.
All elevations shall be related to a bench mark noted on the plan
and, wherever possible, shall be based on United States Geological
Survey mean sea level datum. The approving authority may waive contour
requirements on portions of lots greater than three acres if, because
of terrain or the absence of any proposed improvements or other conditions,
the information would not contribute to its determination.
j.
The borders of areas of proposed cuts and fills, exclusive of excavations
for basements.
k.
Location of existing natural features showing soil logs, slopes exceeding
10%, wooded areas, views within the development and the location of
individual trees outside wooded areas having a diameter of six inches
or more measured five feet above ground level. Soil borings shall
be taken in locations at the direction of the approving authority
engineer, and a report on soil types and recommendations based on
the data shall be submitted as part of the application.
l.
Existing and proposed streams, lakes and marsh areas accompanied
by the following maps and drawings:
1.
When a running stream is proposed for alteration or when a structure
or fill is proposed in or along such a stream, approval of the New
Jersey Division of Water Resources shall accompany the plat.
2.
Cross sections and profiles of watercourses at an appropriate scale
showing the extent of the flood fringe area, top of bank, normal water
level and bottom elevations at the following locations:
(a)
Where a watercourse crosses a lot line (profile and cross sections)
and at 100-foot intervals, but at not less than two locations, along
each watercourse which runs through or adjacent to the development
(cross sections).
(b)
At fifty-foot intervals for a distance of 300 feet upstream
and downstream of any existing or proposed culvert or bridge within
the development (cross sections).
(c)
When watercourses are to be altered the method of controlling
erosion and siltation during construction as well as typical ditch
sections and profiles shall be shown on the plan or accompany it.
3.
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to a development, including a small-scale
watershed map developed from United States Geological Survey sheets.
4.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage in that portion of the development
which drains to the structure.
5.
All existing or proposed drainage and conservation easements and
flood hazard areas.
6.
The location, extent and water level elevation of all existing or
proposed lakes or ponds within or no farther than 300 feet from the
development.
7.
Plans and computations for any storm drainage systems, including
the following:
(a)
Existing or proposed storm sewer lines within or adjacent to
the development and all required off-site and off-tract drainage improvements,
showing size, profile and slope of the lines, direction of flow and
the location of each catch basin, inlet, manhole, culvert and headwall.
(b)
The location and extent of any proposed dry wells, groundwater
recharge basins, detention basins, flood control devices, sedimentation
basins or other water conservation devices.
m.
Plans, cross sections, center-line profiles, tentative grades and
details of proposed and existing utilities and all improvements within
street rights-of-way in the tract, including the type and width of
street pavement, curbs, sidewalks, bike routes, shade tree planting,
all utilities, including water, sewer, gas, electric, telephone and
cable TV, and facilities, such as storm drainage facilities, detention
ponds and erosion control. At intersections, the sight triangles,
radii of curblines, crosswalks, curb ramps and street sign locations
shall be shown. Where the slope and/or soil conditions indicate problems
may be encountered, soil logs may be required as outlined in paragraph
r below. Final street naming may be deferred.
n.
The names, locations, widths and purpose(s) of existing and proposed
easements, streets and other rights-of-way in the development and
within 200 feet of the development. The text of any deed restriction
in the development shall be included, including those deed restrictions
related to future control over the rerent and resale prices of lower
income housing units. Construction access shall be specified for those
developments to be constructed over a period of years.
o.
The locations and description of all monuments, existing and proposed.
p.
All lot lines that exist and will remain, those proposed, and those
to be eliminated. All setback lines with dimensions and municipal
boundaries if within 200 feet shall be shown. Any lot(s) to be reserved
or dedicated to public use shall be identified, as well as any lots
to be set aside for lower income housing purposes. Each block and
the lots within each block shall be numbered as assigned by the Municipal
Engineer.
q.
Locations of all existing structures and their use(s) in the tract
and within 200 feet, showing existing and proposed front, rear and
side yard setbacks, structures of historic significance, private cemeteries
and an indication of existing structures and uses to be retained and
those to be removed.
r.
Utility Plans.
1.
Utility plans shall show feasible connections to any existing or
proposed utility systems. If private utilities are proposed, they
shall comply fully with all Township, County and State regulations.
If service will be provided by an existing utility company, a letter
from that company shall be submitted stating that service will be
available before occupancy of any proposed structures. When on-lot
water or sewage disposal is proposed, the proposed location of the
well and the location and results of percolation tests shall be submitted.
Where on-lot sewage disposal is proposed, the plat shall show the
results of an acceptable percolation test, as well as all failures,
and soil logs on each proposed lot at a site appropriate for the location
of a septic filter field. If the percolation test is doubtful, the
approving authority may require additional percolation test(s). The
plat shall show the following data: the date of the test(s), the location
of each test, slope of the land, cross section of the soil to a depth
of at least 15 feet below the bed of the septic field, groundwater
level, the rate of percolation and the weather conditions prevailing
at the time of each test as well as for the preceding 48 hours. The
test(s) shall be performed at the applicant's expense by a licensed
professional engineer in the presence of an authorized Township representative.
2.
If existing land drainage structures, such as French drains, are
encountered during the course of construction of any subdivision and
such drainage structures are removed or altered, no septic system
or any part thereof shall be installed on any lot within 400 feet
thereof without the prior approval of the Holmdel Township Board of
Health. Such approval shall only be granted if new percolation tests,
taken at least two months after such drainage structures are removed,
show satisfactory soil conditions to exist and that installation of
such septic system in the area affected by the removal of the drainage
structures will not be detrimental to the health of Township residents
or cause pollution of any of its waters.
s.
Zoning District(s) and Zoning District Lines.
t.
An itemization of all improvements to be made on-site, off-site, on-tract and off-tract in accordance with the standards specified in Article IV.
u.
Documentation that the subdivision plat is in conformity, where applicable,
with the following:
1.
The State Highway Access Management Code adopted by the Commissioner
of Transportation under Section 3 of the "State Highway Access Management
Act" P.L. 1989, c. 32(C.27:7-91), with respect to any State highways
within the municipality.
2.
Any access management code adopted by the County of Monmouth under
R.S. 27:16-1, with respect to any County roads within the municipality.
3.
Any municipal access management code adopted under R.S. 40:67-1,
with respect to municipal streets.
v.
Compliance with siting, performance or other standards or guidelines
adopted by the Department of Environmental Protection for the purpose
of protection of potable water supply reservoirs from pollution or
other degradation of water quality resulting from the development
or other uses of surrounding land areas.
w.
Location of All Existing and Proposed Easements. In addition, a notation shall be placed on the map or in the deed to be filed with the County Clerk's office and on the soil erosion plan filed with the Freehold Soil Conservation District and the Township of Holmdel indicating that prior to any soil disturbance or issuance of any permits, the applicant, its servants, agents, employees or successor and assigns shall be required to install snow fencing along any easement area on the lot or lots that are part of the subdivision. Monuments shall be installed as required under Section 30-58 of the Code of the Township.
[1976 Code § 78-33; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 91-15]
a.
The plat shall be clearly and legibly drawn.
b.
There shall be a graphic scale not less than one inch equals 50 feet,
unless a larger scale is approved by the Municipal Engineer that is
large enough to contain legibly written data on dimensions, bearings
and all other details of the boundaries.
c.
The plat shall be drawn by a licensed land surveyor in compliance
with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
d.
Sheet sizes of 30 inches by 42 inches; 24 inches by 36 inches; 15
inches by 21 inches; or 8 1/2 inches by 13 inches. If more than
one sheet is required to show the entire subdivision, a separate composite
map shall be drawn showing the entire subdivision on one sheet and
the sheets on which the various sections are shown.
e.
The submission for final plat approval shall show the following,
except that the plat to be filed with the County Recording Officer
need only contain the data required for filing with the County, and
all other data may be submitted on separate sheets:
1.
Signature blocks for the approving authority, Municipal Engineer
and other endorsements required by law.
2.
Tract boundary lines; municipal boundary line, if within 200 feet
of the tract being subdivided; street names; all lot lines and other
site lines with accurate dimensions, bearing or deflection angles
and radii, arcs and chord bearings, with the distances of all curves,
all based on an actual survey by a land surveyor licensed to practice
in the State of New Jersey; minimum building setback lines; and the
area of each lot shown to the nearest square foot. All dimensions,
both linear and angular, of the exterior tract boundaries shall be
based on and calculated from surveyed traversing which shall have
an apparent error of field closure of one to 10,000 or better and
shall be corrected by accepted balancing methods to final errorless
closure. All final exterior and lot boundaries shall be similarly
balanced to final errorless closure.
3.
Block and lot numbers in accordance with established standards and
in conformity with the Township Tax Map as approved, in writing, by
the Municipal Engineer, and all street numbers where appropriate shall
be designated as specified by the approving authority.
4.
Title of plat, name of Township, date of survey, date of original
plat and all revisions and application number.
f.
The final plat shall be accompanied by the following:
1.
A copy of the preliminary plat revised to show all conditions and
changes required by the approving authority at the time of preliminary
approval.
2.
That the applicant is agent or owner of the land or that the owner
has given consent to the development.
3.
Appropriate local, County and State approvals.
g.
Location of All Existing and Proposed Easements. In addition, a notation shall be placed on the map or in the deed to be filed with the County Clerk's office and on the soil erosion plan filed with the Freehold Soil Conservation District and the Township of Holmdel indicating that prior to any soil disturbance or issuance of any permits, the applicant, its servants, agents, employees or successor and assigns, shall be required to install snow fencing along any easement area on the lot or lots that are part of the subdivision. Monuments shall be installed as required under Section 30-58.
[1976 Code § 78-34; Ord. No. 3-82]
All applications shall be submitted in plat form, and all plats
shall conform to submission requirements as well as the design and
zoning regulations of this chapter and other regulations referred
to in this chapter, such as the Holmdel Development Design Manual.
All plats shall be drawn by a licensed New Jersey land surveyor and
shall bear the signature, embossed seal, license number and address
of the land surveyor, except that plats submitted under the informal
discussion provisions and sketch plats of minor site plans are exempt
from this requirement. All drawings showing improvement designs shall
bear the signature and embossed seal, license number and address of
a licensed professional engineer of the State of New Jersey. Where
the application is classified a minor site plan, the approving authority
may waive any or all requirements for a preliminary plat submission
and may waive those portions of a final plat submission that are found
not applicable to the proposed development and would not contribute
to the approving authority's decision.
[1976 Code § 78-34; Ord. No. 3-82; Ord. No. 84-7]
Informal site plan for review and classification shall include the same data as required in subsection 30-43.2, plus lot lines, proposed building(s), proposed use(s), lower income housing units, parking, loading, on-site circulation, driveways, wooded areas, approximate onsite or on-tract storm water detention facilities, and water and sewer service.
[1976 Code § 78-34; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 84-7; Ord. No.
90-16; Ord. No. 91-15]
a.
Every preliminary site plan shall be at a minimum graphic scale of
one inch equals 10 feet, 20 feet, 30 feet, 40 feet, or 50 feet, certified
by a New Jersey licensed architect or engineer, including accurate
lot lines certified by a New Jersey licensed land surveyor, submitted
on one of four of the following standard sheet sizes: 8 1/2 by
13 inches; 15 by 21 inches; 24 by 36 inches or 30 by 42 inches. The
following data shall be shown on the site plan or accompany it. If
one sheet is not sufficient to contain the entire territory, one composite
map shall show the entire development with references to the sheets
on which the various sections are shown; all lot lines and the exterior
boundaries of the tract; North arrow; zone district(s) in which the
tract is located; date of original drawing and each subsequent amendment;
existing and proposed streets and street names; existing and proposed
contours at two foot intervals throughout the tract and within 100
feet of any building or paved area under review shall be included
on two separate maps, one at the site plan scale and a separate map
at one inch equals 100 feet for comparison to Township-owned topographic
maps; title of the plan; streams; total area to one square foot; total
number of parking spaces; all dimensions, areas and distances needed
to confirm conformity with the ordinance, such as but not limited
to building lengths, building coverage, lot lines, parking spaces,
loading spaces, setbacks and yards; a small key map giving the general
location of the parcel within the Township; and a separate map showing
the site in relation to all remaining lands in the present owner's
ownership.
b.
Site Plan Information for Preliminary and Final Approval. Each site plan shall include the following information and be designed to comply with Articles III, IV and V, the Holmdel Development Design Manual and be accompanied by an environmental impact report. (See Section 30-59.)
1.
Building and Use Plan. The plan shall show the size, height, location,
arrangement and use of all proposed structures and signs, including
the architect's scaled elevation of the front, side and rear of any
structure and sign (existing structures shall be identified either
to remain or to be removed) and written description of the proposed
use(s) of nonresidential buildings including the number of employees
or members, the proposed number of shifts to be worked and the maximum
number of employees on each shift, expected truck and tractor-trailer
traffic, emission of noise, glare, vibration, heat, odor, air and
water pollution, safety hazards, and anticipated expansion plans incorporated
in the building design. Floor plans shall be submitted. In apartment
and townhouse projects, the number of dwelling units, by type, including
the location and number of lower income units, shall be shown.
2.
Circulation Plan. This plan shall show access streets by name, acceleration/deceleration
lanes, curbs, sight triangles, traffic channelization, traffic signs,
easements, fire lanes, driveways, parking and loading spaces, pedestrian
walks, bikeway and related facilities for the movement and storage
of goods, vehicles and persons. Sidewalks shall be shown along expected
paths of pedestrian travel, such as but not limited to access from
buildings to parking lots, driveways and other buildings on the site.
Any building expansion plans shall show feasible parking and loading
expansion.
3.
Natural Resources and Landscaping Plan. This plan shall show existing and proposed wooded areas, buffer areas, including the intended screening devices and buffers (Section 30-54), seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. These plans shall show the location and type of man-made improvements and the location, number, species and caliper of plant material and trees to be located on the tract. All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations, such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees native to the area in order to maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and siltation as outlined under Sections 30-57, 30-67 and 30-101, as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water from the site and contributing upstream areas.
4.
Facilities Plan. This plan shall show the existing and proposed locations
of all drainage and stormwater runoff; open space; common property;
fire, gas, electric, telephone, sewerage and water line locations;
lighting; and solid waste collection and disposal methods, including
proposed grades, sizes, capacities and materials to be used for facilities
installed by the developer. Installations by utility companies need
only show their locations on the plat. All easements acquired or required
on-tract and off-tract shall be shown and copies of legal documentation
that support the granting of an easement by the owner of an off-tract
lot shall be included. All proposed lighting shall include the direction,
angle and height of each source of light. All utilities shall be installed
underground. All required State and Federal approvals for environmental
considerations shall be submitted prior to preliminary approval or
be a condition of approval. All public services shall be connected
to an approved public utilities system where one exists.
5.
Documentation that the site plan is in conformity, where applicable,
with the following:
(a)
The State Highway Access Management Code adopted by the Commissioner
of Transportation under Section 3 of the "State Highway Access Management
Act" P.L. 1989, c. 32(C.27:7-91), with respect to any State highways
within the municipality;
(b)
Any access management code adopted by the County of Monmouth
under N.J.S.A. 27:16-1, with respect to any County roads within the
municipality.
(c)
Any municipal access management code adopted under N.J.S.A.
40:67-1, with respect to municipal streets.
6.
Location of All Existing and Proposed Easements. In addition, a notation shall be placed on the site plan filed with the Freehold Soil Conservation District and the Township of Holmdel indicating that prior to any soil disturbance or issuance of any permits, the applicant, its servants, agents, employees or successor and assigns, shall be required to install snow fencing along any easement area on the properties incorporated into the site plan. Monuments shall be installed as required under Section 30-58 of the Code of the Township.
[1976 Code § 78-34; Ord. No. 3-82]
The final plat shall follow preliminary site plan requirements
and shall include all changes required as a condition of preliminary
approval.
[1976 Code § 78-34.1; Ord. No.
3-82; Ord. No. 89-30]
a.
Materials designed in the Township of Holmdel Recycling Ordinance
87-6[1] shall be separated from other solid waste by the generator
and a storage area for recyclable material shall be provided as follows:
1.
For all applications for single-family units, the applicant shall
provide a storage area of at least 48 cubic feet within each dwelling
unit to accommodate a four week accumulation of mandated recyclables
(including but not limited to: newspaper, glass bottles, aluminum
cans, tin and bi-metal cans). The storage area may be located in the
laundry room, garage, basement or kitchen.
2.
For all applications for multi-family units, the applicant shall
provide a storage area of at least 24 cubic feet within each dwelling
unit to accommodate a two week accumulation of mandated recyclables
(including but not limited to: newspaper, glass bottles, aluminum
cans, tin and bi-metal cans). The storage area may be located in the
laundry room, garage, basement or kitchen. Unless recyclables are
collected on a weekly basis from each dwelling unit, one or more common
storage areas must be provided at convenient locations within the
development.
3.
For each site plan application for commercial and industrial developments
that utilize 1,000 square feet or more of land, the applicant shall
provide the Municipal Agency with estimates of the quantity of mandated
recyclable materials (including but not limited to: newspaper, glass
bottles, aluminum cans, tin and bi-metal cans, high grade paper and
corrugated cardboard) that will be generated by the development during
each week. A separated storage area must be provided to accommodate
a one to four weeks accumulation of recyclable material. The Municipal
Agency may require the location of one or more common storage areas
at convenient locations within the development.
[1]
Editor's Note: Former Section 30-46, Site Plan Application
Requirements for the Installation of Wireless Telecommunications Towers,
previously codified herein and containing portions of Ordinance No.
98-11 was repealed in its entirety by Ordinance No. 2002-17.
