A development permit shall hereafter be secured
from the administrative officer prior to the issuance of a property
use permit and building permit for the construction, erection or alteration
of any structure, building or land. A development permit is required
of all applicants requesting approval of subdivisions and site plans.
A.
Application for a development permit shall be made to the administrative officer on such forms as shall be devised by such officer. In addition, the administrative officer may require such further information and submittals as necessary in order to determine the nature and extent of the development proposal. A fee as set forth in Chapter 139, Fees, shall accompany each application or reapplication for a development permit. A fee as set forth in Chapter 139, Fees, shall accompany each application for an individual developer’s permit for the review of individual plot plans for a residential dwelling which the Township does not have a development escrow account.[1]
B.
Prior to the issuance of a development permit, the
administrative office shall determine that either:
(1)
Based upon the submissions of the applicant, the development
proposal complies with all provisions of the Howell Township Municipal
Land Use Law in which case the development permit shall issue; or
(2)
Based upon the submissions of the applicant, the application
must be made to one or more municipal agencies in which case the administrative
officer shall:
(a)
Refer the applicant to the appropriate agency(ies);
and
(b)
Upon conclusion of the municipal agency action, if favorable to the applicant, determine that all outstanding conditions of such municipal agency's approval have been complied with fully by the applicant, i.e. revisions made to maps, bonds posted, taxes and assessments paid, any deed restrictions to the property revealed in plain English in writing, underlined and in 14 font print size to all prospective purchasers when viewing lots available for purchase. Further the applicant-seller of approved lots will provide in his/her offering statement sales brochures, and contracts of sale, notice to prospective purchasers of all other agency requirements applicable from the Department of Transportation, Soil Conservation Service, Monmouth County Planning Board, Howell Township Municipal Utilities Authority, etc., and such other governmental approvals and fees due as obtained on the property. In the event that an applicant does not comply with either Subsection B(1) or (2) above, or has been denied approval by a municipal agency, the administrative officer shall refuse to issue a development permit and shall notify to the applicant in writing of such decision and the reasons therefor. In making a determination hereunder, the administrative officer may consult with and seek the opinion of the Township Attorney, Township Engineer and such other professionals and officers of the municipality as deemed necessary.
(c)
In the event that after the issuance of a development
permit, the administrative officer should determine that such issuance
was in error by reason of false or misleading statements or information
submitted by the applicant or the applicant’s agent or by reason
of the failure of the applicant to fully disclose the nature and extent
of the development proposal, the development permit may be revoked
which shall have the effect of causing a revocation of all other permits
and certificates issued for which the development permit was a prerequisite.
Any such revocation shall be in writing setting forth fully the reasons
therefor and shall be either personally delivered to the applicant
or applicant's agent or mailed to the address set forth on the application.
(d)
Prior to the issuance of a building permit for
construction, erection or alteration of any structure or building
where connection to a public sanitary sewer is required under the
ordinances of the Township of Howell, or as a condition of Planning
Board or Board of Adjustment approval, or under the Rules and Regulations
Governing the Construction of Sanitary Sewers in Residential and Nonresidential
Developments in the Township of Howell, Monmouth County, New Jersey,
dated June 1992, the applicant for the building permit shall produce
to the Township officer charged with issuance of the building permit
a receipt from the Manasquan River Regional Sewerage Authority verifying
payment of the required connection fee of said Authority.
C.
Signage.
[Added 11-12-2014 by Ord. No. O-14-36]
(1)
Upon approval of a major site plan or preliminary or final major
subdivision and upon issuance of the initial permit, the applicant
shall construct one or two, as the case may be, temporary signs in
conjunction with the major site plan or preliminary or final major
subdivision of land, which has been approved by the Howell Township
Planning Board or Zoning Board, that shall not exceed 50 square feet
in area and provided that such temporary sign shall be permitted only
until 3/4 of the lots in the subdivision have been sold or two years
from the date of the issuance of the first building permit for a residence
within said subdivision, whichever occurs first or until such time
as a permanent sign is erected at the location of the major site plan
and shall be removed prior to issuance of the certificate of occupancy.
Any such sign shall not be closer to any property line than 20 feet,
and shall not be greater than eight feet in height.
(2)
While on site, the signs shall state in clear letters the name
of the development, the name and contact information for the developer
or site supervisor, number of houses being built or description of
rental units being constructed and type of commercial development
being constructed, and the hours of operation for construction.
(3)
Approval of signage must be obtained from the Director of Land
Use prior to installation of the temporary signs.
It shall be unlawful to use or permit the use
of any building or premises or part thereof hereafter created, located,
erected, changed, converted or enlarged wholly or partly, until a
certificate of occupancy has been issued for the premises by the Construction
Official certifying that the structure or the part thereof to be occupied
complies with the provisions of the Building Code. No certificate
of occupancy shall be issued by the Construction Official until it
has been endorsed by the Zoning Officer certifying that the building
or use complies with the provisions of the Zoning Ordinance and any
conditions imposed by the Board of Adjustment, Planning Board or Township
Council. Such occupancy permits shall be granted or denied within
10 days from the date that a written application is filed with the
Zoning Officer.
A.
It is recognized that it may be advantageous to the
general health, safety, morals or convenience of the Township to permit,
as temporary activities for a limited time only, the establishment
of uses within any zones established by this chapter, which uses may
be prohibited by other provisions of this chapter. Such cases may
be of such nature or so located under conditions existing at the time
of petition or their establishment that they will:
B.
Under the foregoing conditions, pursuant to Articles II through VII, the Board of Adjustment may recommend to the Township Council that a temporary use permit be issued for a period not to exceed two years, such period to be extended not more than once for an additional period of two years upon finding by the Township Council that such peculiar conditions exist or that the welfare of the community will be served by the issuance of such permit.
A.
Access (developmental access). It is recognized that
police, fire department, first aid, engineering, code and inspection
vehicles have a need for access to all areas in the Township.
B.
Improvements. All construction requiring creation of a street, driveway,
avenue, boulevard, road, lane, parkway, viaduct, or other way which
would allow ingress and egress from the property shall be installed
with at least a constructed and inspected bituminous stabilized base
course. In the case of a single-family dwelling or commercial structure,
a hot mix asphalt base driveway capable of supporting emergency vehicles
shall be installed from an established roadway to the proposed dwelling
or commercial structure in accordance with the latest New Jersey adopted
edition of the International Fire Code.
[Amended 11-14-2016 by Ord. No. O-16-22]
C.
Permits and enforcement. These ingress and egress
accesses shall be considered as a prior approval, and no permit for
the construction of a structure shall be issued until such time as
these improvements shall be installed and inspected.
