Township of Howell, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township of Howell by Ord. No. 0-78-30, as amended through Ord. No. 0-89-24 (Ch. XVII of the 1974 Code); amended in its entirety 12-11-2012 by Ord. No. 0-12-28. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 188.
Soil removal/filling — See Ch. 269.
Streets and sidewalks and right-of-way excavations — See Ch. 277.
A. 
Applicability. Except as otherwise provided in Chapter 188, Land Use, of the Code of the Township of Howell, none of the following categories of improvements shall be constructed or installed in the Township of Howell without first obtaining approval and/or a permit from the Division of Engineering:
(1) 
Residential or commercial construction/reconstruction, § 188-31.
(2) 
Soil removal/filling, Chapter 269.
(3) 
Streets, sidewalks and R.O.W. excavations, Chapter 277.
B. 
Enforcement.
(1) 
The Township Engineer shall enforce the provisions of this chapter and all applicable referenced chapters by issuing required approvals and permits. The Township Engineer or Code Enforcement Officer shall address any violations arising out of the failure of any person or entity to apply for and obtain required permits.
(2) 
The Township Engineer or representative shall, from time to time, upon his or her own initiative or whenever directed by the Township, inspect the premises for which approvals have been granted to ensure compliance with the terms of the approval and of the chapter. He or she shall document all violations and take any action deemed necessary for proper enforcement.
C. 
Revocation of permit; violations and penalties.
(1) 
After written notice and an opportunity to be heard before the Township Engineer, the permit of any person or entity may be revoked or suspended for such period as the Township Engineer may determine for any violation of the terms hereof or the terms and conditions of any permit granted hereunder.
(2) 
In addition to the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to the penalties listed in Chapter 1, § 1-4, of this Code.
A. 
Application fees.
(1) 
All applications to the Engineering Division shall be accompanied by a fee as indicated on the applicable application form or set forth in Chapter 139 of this Code. The fees will be utilized for plan review, inspection and any other activity necessary to process the application.
(2) 
If an application is denied or withdrawn, no refund of fees will be permitted.
B. 
Inspection fees. An inspection escrow account may be established to cover the costs of the inspections for certain improvements as indicated on the applicable application forms or set forth in Chapter 139 of this Code.
C. 
Performance guarantees. Performance guarantees may be required for certain improvements as indicated on the applicable application forms or as described in the applicable sections of the chapter. The Township Engineer shall make a determination as to when performance guarantees are required in light of the scope and nature of the work to be completed and to calculate the appropriate amount to cover any damages to the Township.
Any application for new residential or commercial construction and/or major renovation to any existing property, including grading of said lot, shall conform to the requirements of § 188-31, entitled "Individual plot plan requirements for residential or commercial construction/reconstruction."
A. 
It shall be unlawful for any person to perform any of the excavation work as defined in Chapter 277 heretofore or dig up, break, excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for the purpose or to place, deposit or leave upon any street, any earth or other excavated material, obstruction or tending to interfere with the free use of the street, or dig up, break, excavate or undermine or in any way affect any other public improvement within the public right-of-way as defined in Chapter 277 unless such persons shall first have obtained a street excavation permit therefor from the Township Engineer as herein provided.
B. 
Said street excavation permit shall conform to the requirements of Chapter 277, entitled "Streets and Sidewalks and Right-of-Way Excavations."
A. 
Prior to the digging, excavation, disturbance, or transportation of any soil on any premises in the Township for use other than on the premises from which it is being taken, or prior to the filling of any property or properties within the Township, an application shall be made by the owner, contract purchaser or authorized agent to the office of the Township Engineer for a soil removal or fill permit on the officially designated form. This requirement to obtain a permit applies to all construction including all buildings, roadways, driveways, retaining walls, all other construction which requires soil removal or filling with soil, and for restoration and restabilization of all areas of any site in which grading, soil removal or adjacent construction activity has taken place. All properties filled shall be filled with fill or topsoil as defined in this chapter.
B. 
The application shall be submitted to the Township as follows:
(1) 
If the soil removal or filling is necessary for the development of a project which has been granted approval by the Planning Board or Board of Adjustment, an application shall be made to the Township Engineer.
(2) 
If the soil removal or filling is necessary for the development of a project which has not been granted approval by the Planning Board or Board of Adjustment, an application shall be made to the Planning Board.
C. 
The requirements of this chapter shall not apply when one of the following circumstances are present:
(1) 
To the excavation of soil for use on the premises from which it is taken, provided that it does not involve any substantial change in the topography of the premises.
(2) 
When soil removal results from excavation involving one single-family house, basement or accessory structure (i.e., pool or patio).
(3) 
Activities performed by the Township of Howell.
(4) 
To the activities of any other governmental agency in connection with its public works projects carried out by its employees or contractors after review by the Township Engineer and finding by the Township Council to be in the best interest of the citizens of the Township to exempt the activity from the obtainment of a permit herein.
(5) 
All soil removal/filling shall conform to the requirements of Chapter 269, entitled "Soil Removal/Filling."
A. 
Applicability. All in-ground swimming pools are to comply with the requirements of §§ 134-6B and 188-31, entitled "Individual plot plan requirements for residential or commercial construction/reconstruction."
B. 
Lot grading plan.
(1) 
In order to prevent the adverse consequence of uncontrolled surface water flow, prior to the issuance of a construction/land use permit for the erection or installation of a pool, a lot grading plan shall be submitted to the Township Engineer in accordance with § 188-31, Individual plot plan requirements.
(2) 
The Township Engineer's approval of a grading plan or revised plan shall be based on the determination that the plan is designed to control surface waters in a manner that will not adversely affect the subject property and abutting lands. No construction may start and no land disturbances may occur until such determination is made. Whenever the Township Engineer considers it necessary or appropriate, it may be required that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse water from running off onto abutting lands. The failure of the property owner to comply with an approved lot grading plan for said property, including temporary measures to be taken during the performance of construction work, shall be constituted a use of the subject property in violation of this chapter.
(3) 
If required by the Township Engineer, a pool as-built plan shall be submitted to the Engineering Division to verify the location of the pool. No further inspections will be performed by any other Township division until this plan is received.
(4) 
No certificate of approval shall be issued for the swimming pool, which is subject of a lot grading plan, until the Township Engineer has inspected the property and determined that the construction conforms to the lot grading plan.
(5) 
If a certificate of approval is issued for a property where a house is also being constructed, prior to full compliance with a lot grading plan, and full compliance is not met by the date set forth in the report of the Township Engineer, the certificate of approval of such property after such date shall constitute a use of such property in violation of this chapter.
(6) 
There shall be no change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than three feet above the existing ground level at a point 15 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands.
(7) 
An engineering review/inspection fee shall be paid with the engineering application, as set forth in Chapter 139.
(8) 
In addition, any sidewalk, curbing or pavement on a Township right-of-way damaged during the construction of the pool and/or accessory construction must be replaced to the reasonable satisfaction of the Township Engineer prior to the issuance of a certificate of approval. Sidewalk, curb and pavement construction shall conform to all applicable sections of the Township ordinances.
(9) 
In addition, ground cover (grass, sod, etc.) disturbed by the construction of the pool and/or accessory construction must be restored to the satisfaction of the Township Engineer prior to the issuance of the certificate of approval.
(10) 
Any revisions or modifications from the approved plan is a violation of this permit unless the revision or modifications are approved by the Township Engineer prior to construction of the aforementioned.
C. 
Setbacks.
(1) 
No in-ground pool shall be permitted in a front yard setback area or in the front of the residence.
(2) 
No private residential pool shall be installed on any lot unless said lot shall contain a residence and the pool shall be an accessory to the residence and shall be set back a minimum of 10 feet from any property line. This ten-foot setback should be measured from the waterline unless a walkway, patio or deck is installed adjacent to the pool, then the ten-foot setback should be measured from the furthest outside edge of the walkway, patio or deck (concrete; paver blocks; wood; stone or any impervious material) away from the waterline.
(3) 
All pool equipment shall be set back at least 10 feet from any property line.
(4) 
No pool shall be installed closer than six feet from a residential dwelling, unless approved by the Township Engineer.
D. 
Certificate of approval (CA).
(1) 
When construction of the pool and all accessories is complete and the area has been restored, the owner shall make a request to the Township Engineer for a final inspection. Such request shall be made by phone, fax or letter. The Township Engineer, or his designee, will perform a final inspection of the property to ensure that the pool has been installed in accordance with the approved plot plan.
(2) 
If during the inspection it is determined that the pool, accessories, grading or any other item does not conform to the approved plot plan, the Township Engineer will fail the inspection.
(3) 
The Township Engineer has the right to request a pool as-built plan, certified by a licensed professional engineer or land surveyor, to verify the location of the pool, any accessories and the overall grading and improvements to the lot. Based on this as-built, the Township Engineer may request revisions to the work completed to conform to the Township requirements.
(4) 
If the failure of the inspection is due to damage to Township property or failure of the contractor to complete the work (i.e., grass restoration not completed), the Township Engineer will notify the owner or pool company of the failure and require that all damage be repaired.
(5) 
The Township Engineer has the right to request additional inspection fees from the owner/applicant if multiple inspections are required. The Township Engineer shall determine in each case the amount of the inspection fee required in an amount sufficient to allow the Township to perform all required reinspections.
(6) 
Once the owner/applicant has satisfied the Township Engineer that the pool construction conforms to the approved plot plan and no damage to Township property exists, the Township Engineer will issue a certificate of approval.
(7) 
A certificate of approval is required prior to the owner/applicant requesting a certificate of occupancy (CO) from the Township Construction Code Official. At no point shall the pool be used until a certificate of occupancy (CO) is issued.
A. 
Applicability.
(1) 
All retaining walls are to comply with the requirements of this chapter along with § 188-31, Individual plot plan requirements, and Chapter 269, Soil Removal/Filling.
(2) 
Whereas prior to the digging, excavation, disturbance or transportation of any soil on any premises in the Township in relation to the construction of a retaining wall, the owner shall submit an application for plot plan approval to the Township Engineer.
(3) 
Any retaining wall that shall alter the natural flow of stormwater runoff on the subject property or adjacent property shall require a permit from the Township Engineer.
B. 
Additional plot plan and retaining wall requirements.
(1) 
Proposed grades shall be shown on both the top and bottom of wall. The height of the wall shall be measured from the top of wall down to the proposed surface at the base of the wall.
(2) 
No stormwater shall spill over the wall. A lower swale area must be constructed behind the wall to collect water and redirect it to the elevation that existed prior to the wall's construction.
(3) 
Drainage weep holes must be installed in all walls over 30 inches high. Weep holes shall include rodent screens along the exterior of the wall.
(4) 
All wall penetrations shall be predrilled or cut to ensure proper fit.
(5) 
If a segmental block-type retaining wall is proposed, the applicant shall submit the name of the manufacturer, specifications and details of the blocks and geotextile fabric.
(6) 
If a masonry, concrete, timber or any other type of retaining wall is proposed, the applicant shall retain a professional engineer, licensed in the State of New Jersey, to provide an actual wall design including details and calculations for submission to the Township Engineer.
(7) 
Any type of wall over 30 inches high or series of walls which the sum of the heights of all walls on the same slope is over 30 inches high will require a professional engineer, licensed in the State of New Jersey, to provide an actual wall design including details and calculations for submission to the Township Engineer.
(8) 
Any wall over 30 inches high will require a guard in accordance with the International Building Code, New Jersey Edition, Section 1013 – Guards.
(9) 
The applicant shall supply a cross-section detail of the wall for all heights, even those under 30 inches high.
(10) 
The Township Engineer has the right to request structural calculations on walls of any height including those less than 30 inches if deemed necessary.
(11) 
Any retaining wall or series of retaining walls having a total height of 48 inches or higher, or a retaining wall less than 48 inches having a negative impact on a foundation will require a permit from the Construction Code Official.
C. 
Setbacks.
(1) 
Retaining walls shall not be constructed within five feet of the property line.
(2) 
The base of the retaining wall shall not exceed a four-to-one slope from the property line (i.e., four feet horizontal to each foot of vertical rise).
(3) 
Walls shall be at least 10 feet from any swale area.
D. 
Certificate of approval (CA).
(1) 
When construction of the retaining wall is complete and the area has been restored, the owner shall make a request to the Township Engineer for a final inspection. Such request shall be made by phone, fax or letter. The Township Engineer, or his designee, will perform a final inspection of the property to ensure that the retaining wall has been installed in accordance with the approved plot plan.
(2) 
If during the inspection it is determined that the retaining wall, accessories, grading or any other item does not conform to the approved plot plan, the Township Engineer will fail the inspection.
(3) 
The Township Engineer has the right to request a retaining wall as-built plan, certified by a licensed professional engineer or land surveyor, to verify the location of the wall, any accessories and the overall grading and improvements to the lot. Based on this as-built, the Township Engineer may request revisions to the work completed to conform to the Township requirements.
(4) 
If the failure of the inspection is due to damage to Township property or failure of the contractor to complete the work (i.e., grass restoration not completed), the Township Engineer will notify the owner or contractor of the failure and require that all damage be repaired.
(5) 
The Township Engineer has the right to request additional inspection fees from the owner/applicant if multiple inspections are required. The Township Engineer shall determine in each case the amount of the inspection fee required in an amount sufficient to allow the Township to perform all required reinspections.
(6) 
Once the owner/applicant has satisfied the Township Engineer that the retaining wall construction conforms to the approved plot plan and no damage to Township property exists, the Township Engineer will issue a certificate of approval.
(7) 
A certificate of approval is required prior to the owner/applicant requesting a certificate of occupancy (CO) from the Township Construction Code Official. A CO is required if the total height of the wall is 48 inches or higher.