[1976 Code § 78-4; Ord. No. 3-82]
These rules, regulations and standards shall be used in conjunction
with the Holmdel Development Design Manual and shall be considered
the minimum requirements for the protection of the public health,
safety and welfare of the citizens of the Township. Any action taken
under the terms of this chapter shall give primary consideration to
such interests in the entire community. Appropriate subdivision and/or
site plan approvals are required prior to the sale of new lots or
the issuance of building permits or certificates of occupancy.
[1976 Code § 78-5; Ord. No. 3-82]
All provisions of this chapter may be amended in accordance
with applicable laws.
[1]
Editor's Note: Former Section 30-6, Appeals Generally, previously
codified herein and containing portions of 1976 Code § 78-6
and Ordinance Nos. 3-82, 85-12, 90-40 and 91-1, was repealed in its
entirety by Ordinance No. 2013-13.
[1976 Code § 78-7; Ord. No. 3-82]
a.
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq., consisting of seven regular members and two alternate
members, all of whom shall be residents of the Township of Holmdel
and all appointed by the Mayor. Regular members shall serve for terms
of four years, and alternate members shall serve for two years, all
from January 1 of the year of their appointment. The terms of the
regular members first appointed shall be so determined that, to the
greatest practicable extent, the expiration of such terms shall be
distributed evenly over the first four years after their appointment,
provided that the initial term of no member shall exceed four years.
Thereafter the term of each member shall be for four years. The terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year. Nothing in this
chapter shall, however, be construed to affect the term of any present
member of the Zoning Board of Adjustment, all of whom shall continue
in office until the completion of the term for which they were appointed.
No member of the Zoning Board of Adjustment may hold any elective
office or position under the municipality. A vacancy occurring otherwise
than by expiration of term shall be filled for the unexpired term
only.
b.
Alternate members shall be designated by the Mayor at the time of
their appointment as "Alternate No. 1" and "Alternate No. 2." Both
alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
c.
No member of the Board of Adjustment may hold any elective office
or position in the Township.
d.
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
[1976 Code § 78-7; Ord. No. 3-82; Ord. No. 85-12]
a.
No variance or other relief may be granted under the provisions of
this section unless granted without substantial detriment to the public
good and not substantially impairing the intent and purpose of the
Zone Plan and Zoning Ordinance.
b.
The Board of Adjustment shall have powers to:
1.
Hear and decide appeals pursuant to N.J.S.A. 40:55D-70a.
2.
Hear and decide requests for interpretations or decisions upon other
special questions pursuant to N.J.S.A. 40:55D-70b.
3.
Grant upon application or appeal, relief for variances pursuant to
N.J.S.A. 40:55D-70c.
4.
Grant variances to allow departure from regulations pursuant to N.J.S.A.
40:55D-70d.
5.
Where the Planning Board cannot act on an application because it
does not involve a subdivision, site plan or conditional use, direct
issuance of a permit for a building or structure in the bed of a mapped
street or public drainageway, flood control basin or public area reserved
on the Official Map and direct issuance of a permit for a building
or structure not related to a street.
[1976 Code § 78-7; Ord. No. 3-82; Ord. No. 20-82]
a.
Appeals to the Board of Adjustment may be taken by any interested party within 20 days of the action by the officer from whom the appeal was taken. Eight copies of the application, plans, maps, supporting documents, fee and the notice shall be filed with the administrative officer specifying the grounds for the appeal. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record. Where a subdivision and/or site plan is to be acted upon, the submission shall include all data required in Article III.
b.
Applications to the Board of Adjustment without prior application to an administrative officer shall be filed with the administrative officer. Eight copies of the application shall be filed along with all plot plans, maps, fee and other papers required by this chapter or rule of the Board of Adjustment. Where a subdivision and/or site plan is to be acted upon, the submission shall include all data required in Article III.
c.
An appeal stays all proceedings unless the officer from whom the
appeal is taken certifies to the Board of Adjustment that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such cases, proceedings shall
not be stayed other than by an order of the Superior Court of New
Jersey upon notice to the officer from whom the appeal is taken and
on due cause shown.
d.
Any application may be referred to any person or agency for its report,
provided that such reference shall not extend the period of time within
which the Board of Adjustment shall act.
[1976 Code § 78-7; Ord. No. 3-82]
The Board of Adjustment may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and make such other requirement, decision or determination as
ought to be made, and to that end have all the powers of the administrative
officer from whom the appeal was taken.
[1976 Code § 78-7; Ord. No. 3-82]
Unless a longer period is consented to by the applicant, the Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer, or not later than 120 days after the submission of a complete application for development without prior application to the administrative officer. If the developer elects to submit separate consecutive applications for a variance pursuant to subsection 30-7.2b4, followed by subdivision, site plan or conditional use applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval(s) shall be as otherwise provided in this chapter and State statute. Failure of the Board to render a decision within the period prescribed or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[1976 Code § 78-7; Ord. No. 3-82; Ord. No. 85-12]
In the granting of hardship and use variances, a time limit
of one year from the date of the variance approval shall be set within
which time the owner shall secure a building permit; otherwise the
variance granted shall be null and void. The approving authority may
for good cause shown extend the period for securing a building permit
for an additional period not exceeding six months.
Notwithstanding anything to the contrary set forth in this subsection,
whenever such variance shall be granted in conjunction with a final
approval of a site plan or major subdivision the validity of such
variance shall be extended for the initial two-year time period and
any subsequent one year extensions that the applicant may obtain under
N.J.S.A. 40:55D-52.
[1976 Code § 78-7; Ord. No. 3-82]
See Section 30-19.
[Added 5-23-2021 by Ord.
No. 2021-05]
The provisions of Section 2-3.11, titled "Video Recording and Live Streaming of Public Meetings," are hereby made applicable to public meetings of the Board of Adjustment. The Secretary of the Board of Adjustment shall assume the responsibilities of the Township Clerk contained therein.
[1976 Code § 78-7.1; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 90-11; Ord. No.
99-1; Ord. No. 2004-12 § I]
a.
An application for development shall be complete for purposes of
commencing the applicable time period for action by a municipal agency
when so certified by the administrative officer. 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[1] adopted herein and annexed hereto, a copy of which checklist
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. The applicant may request that one or more of
the submission requirements be waived, in which event the agency or
its authorized committee shall grant or deny the request within 45
days. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he is entitled
to approval of the application. The municipal agency involved may
subsequently require correction of any information found to be in
error and submission of additional information not specified in this
chapter or any revisions in the accompanying documents, as are reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency.
[1]
Editor's Note: The Development Plan Checklist referred to
herein can be found as an attachment to this chapter.
b.
No application for final subdivision or final site plan approval
shall be accepted for submission unless it is submitted within three
years, plus any granted extensions, from the date of memorialization
of preliminary approval.
[1976 Code § 78-8; Ord. No. 3-82]
All requirements of this chapter shall be met at the time of
any erection, enlargement, moving or change in use.
[1]
Editor's Note: Former Section 30-10, Conditional Use Approval, previously codified herein and containing portions of 1976 Code § 78-9 and Ordinance Nos. 3-82 and 85-12 was repealed in its entirety by Ordinance No. 2002-17. For requirements pertaining to conditional use approval see Section 30-155.
[1976 Code § 78-11; Ord. No. 3-82]
a.
It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this chapter. No zoning permit shall be issued unless the proposal is in compliance with this chapter. In cases involving the new use of an existing structure, no certificate of occupancy for the new tenant shall be issued until a zoning permit has been issued. (See § 30-16.) Inspections shall be performed by the Zoning Officer, or a designated representative, to ensure that zoning regulations, and all subsequent conditions, have been complied with.
[Amended 8-10-2021 by Ord. No. 2021-24]
b.
It shall be the duty of the Municipal Engineer to enforce the provisions
of subdivision and site plan approvals.
c.
Permits in Floodplains. The Construction Official shall:
1.
Review all development permits to determine that the permit requirements
of this chapter have been satisfied.
2.
Obtain and record the actual elevation, in relation to mean sea level,
of the lowest habitable floor, including basement, of all new or substantially
improved structures and whether or not the structure contains a basement.
4.
Notify adjacent communities within 200 feet of a proposed development
and notify the New Jersey Department of Environmental Protection,
Division of Water Resources prior to any alteration or relocation
of a watercourse and submit evidence of such notification to the Federal
Insurance Administration.
5.
Require that maintenance is provided within the altered or relocated
portion of the watercourse so that the flood-carrying capacity is
not diminished.
6.
Based on recommendations of the Municipal Engineer, show the exact
location of the boundaries of the areas of special flood hazards where
there may be a conflict between a mapped boundary and actual field
condition.
[1976 Code § 78-12; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 90-40; Ord. No.
94-29]
The developer shall, at the time of filing a submission, pay
the following nonrefundable fees to the Township. Proposals requiring
a combination of approvals, such as subdivision, site plan and/or
variance, shall pay a fee equaling the total of the fees for each
component.
[1976 Code § 78-12; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 85-12; Ord. No.
90-40; Ord. No. 94-29]
The Board of Health, Planning Board or Zoning Board of Adjustment
may require such experts as the respective Board may designate, at
the applicant's expense to conduct such tests or additional tests,
studies or any other action which may be deemed necessary or prudent
in the performance of its duties.
[1976 Code § 78-12; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 90-40; Ord. No.
91-23; Ord. No. 94-37]
Any plat returned to the applicant for revisions at any stage
shall, when resubmitted, be accompanied by a fee equal to no more
than 1/2 of the original fee for that stage, but may be less as determined
by the approving authority.
[1976 Code § 78-12; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 21-82; Ord. No.
84-7; Ord. No. 85-12; Ord. No. 86-22; Ord. No. 87-16; Ord. No. 89-1; Ord. No. 90-40; Ord. No. 91-2; Ord. No.
94-37; Ord. No. 95-26 § I; Ord. No. 97-3 § I; Ord. No. 98-11 § 10; Ord. No. 2012-15; Ord.
No. 2013-13]
Fees shall be as follows:
a.
Subdivision.
2.
Minor subdivision: $350, plus $250 per lot, together with an escrow
deposit as set forth hereinafter.
3.
Preliminary plat: $750, plus $60 per lot if a Planned Retirement
Community application; otherwise, $250 per lot, together with an escrow
deposit as set forth hereinafter.
4.
Final plat: $350, plus $60 per lot if a Planned Retirement Community
application; otherwise, $250 per lot, together with an escrow deposit
as set forth hereinafter.
b.
Site Plan.
2.
Preliminary. The total fee shall equal the sum of the fees under
paragraphs (a) and (b) below:
(a)
Fee based on site area.
(1)
For the first 20,000 square feet or fraction thereof of lot
area of the subject site: $500.
(2)
For each 10,000 square feet or fraction thereof of lot area
over 20,000 square feet and up to 40,000 square feet: $150.
(3)
For each acre or fraction thereof of lot area over 40,000 square
feet: $100.
(4)
In addition to the total sum due and owing under paragraphs
(1), (2) and (3) above an escrow deposit as set forth hereinafter.
(b)
Fee based on building area.
(1)
For the first 1,000 square feet or fraction thereof of floor
area of the proposed construction: $425.
(2)
For each 1,000 square feet or fraction thereof of floor area
over 1,000 square feet and up to 10,000 square feet: $175.
(3)
For each 10,000 square feet or fraction thereof of floor area
over 10,000 square feet: $125.
(4)
In addition to the total sum due and owing under paragraphs
(1), (2) and (3) above an escrow deposit as set forth hereinafter.
3.
Final. One-half of the preliminary site plan fees, together with
an escrow deposit as set forth hereinafter. If the preliminary and
final site plans are filed simultaneously, the fee shall be the sum
of the preliminary and final site plan fees; however, the escrow deposit
required herein under such circumstances shall only be as required
for preliminary approval. In the event, however, the appropriate board
only grants preliminary approval, then a separate escrow deposit must
be posted at the time that final approval is considered. Any funds
remaining in the escrow deposit posted as part of the preliminary
approval fee may be credited to the escrow deposit required for final
approval.
4.
Signs not included in site plans: $50 per application.
5.
Inspection fees shall be paid prior to starting construction, installation of any public improvements permitted by law, or site clearing, whichever occurs the earliest. (See subsection 30-13.3.)
6.
Waiver of site plan approval: $500.
c.
Variances and Other Appeals.
1.
Appeals for expansion of single-family residence: $25.
2.
All other appeals: $75.
3.
Conditional uses: $125.
4.
Interpretation of the Zoning Map: $75.
5.
Hardship variance: $150.
6.
Use variance: $1,000.
7.
Building permit in conflict with Official Map or building permit
for lot not related to a street: $125.
8.
Interpretation of Zoning Ordinance: $200.
9.
In addition to the total sum due and owing, an escrow deposit as
set forth hereinafter. (The escrow deposit will be required for variance
applications paragraphs 1, 2, 3, 5, 6, 7 and 8)
d.
Decision Fee. Every applicant to the Planning Board or Zoning Board
of Adjustment at the time of filing an application shall pay to the
Township of Holmdel a fee of $25 for each decision to be rendered
to defray the cost of publishing the decision(s). Once any application
is disapproved, a new submission must include a new decision fee.
e.
Reproduction Fee.
f.
(Reserved)
g.
Copies of Records. Copies of minutes, decisions or other public documents
at page size shall be available at a cost in accordance with N.J.S.A.
47:1 A-1 et seq.
h.
List of Property Owners. The Township Clerk, upon written request,
shall make and certify a list from the current tax duplicates of names
and addresses of owners of property within 200 feet of the property.
The fee for this shall be $10 or $0.25 per name, whichever is greater,
for each list.
i.
Lower Income Housing Developments. Lots subdivided for lower income
housing and those portions of site plans including lower income housing
shall be exempt from subdivision and site plan fees.
j.
Resubmission Fee. The fee required will be 1/2 of the original fee
for such type of application unless the work involved is minor. In
that event, the Board can consider a reduction of the resubmission
fee upon the recommendation of the administrative officer that the
fee proposed for the resubmission is excessive in light of the work
involved in reviewing the resubmission.
k.
Request for extensions of preliminary or final site plan or subdivision
approvals: $100.
l.
Tax Map Revision Fees. A fee of $50 or $10 per lot, whichever is
greater, shall be charged for minor subdivisions and final plats of
major subdivisions to the Township Tax Map.
m.
Stenographic Fee. An initial fee of $175 per application shall be
paid as reimbursement to the appropriate board for stenographic services.
In the event additional stenographic fees are incurred, the fees will
be billed against the escrow deposit on an as-billed basis.
n.
Escrow Deposits.
1.
The Planning Board and Zoning Board of Adjustment, whichever an applicant
is before and/or the Township Committee as to revenues and inspections
outside the application process, shall require, in addition to any
other fees required herein, escrow deposits in accordance with the
provisions of this chapter. Such escrow shall be utilized to reimburse
the Township for professional charges for review of applications,
review and preparation of documents, inspections of developments under
construction and review of applications by outside consultants when
an application is of a nature beyond the scope of the expertise of
the professionals normally utilized by the Township.
2.
Each applicant shall, prior to the application being ruled complete
pursuant to the provisions of the Municipal Land Use Act, submit the
following sum(s) to be held in escrow in accordance with the provisions
hereof:
|
Residential Development
|
Escrow To Be Posted
|
|---|---|
|
1 unit
|
$200
|
|
2-3 units
|
$1,500
|
|
4-25 units
|
$2,500
|
|
26 units and above; or
|
$7,500
|
|
Planned Retirement Community
|
$20,000
|
|
Application Not Involving Structures
|
Escrow To Be Posted
|
|---|---|
|
Lots 0-3
|
$3,500
|
|
4-9
|
$5,000
|
|
10+
|
$7,500
|
|
Application Involving Structures
|
Escrow To Be Posted
|
|---|---|
|
Total Floor Plan
| |
|
0 to 1,249 square feet
|
$1,000
|
|
1,250 to 2,499 square feet
|
$2,500
|
|
2,500 to 20,000 square feet
|
$5,000
|
|
20,000 square feet and up
|
$7,500
|
|
$1,000
|
3.
Upon request by an applicant, or upon recommendation of the Township
Engineer, the Planning Board and/or the Board of Adjustment, as the
case may be, may consider the adequacy of the escrow amount set forth
above. The review may consider either the inadequacy of the proposed
escrow or the excessiveness of the amount. In conducting such review,
the following criteria shall be considered:
(a)
The presence or absence of public water and/or sewer servicing
site.
(b)
Environmental considerations, including but not limited to geological,
hydrological and ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing aquifer and/or
water quality.
(e)
Impact on improvements which might require off-tract or off-site
contribution agreements.
|
Upon completion of the review, the Board shall adopt a motion
specifying whether the escrow amount specified above is sufficient.
In the event the Board shall determine the amount is excessive, it
shall under motion specify the amount that shall be deemed sufficient,
including a specification, if appropriate, that no escrow be posted.
In the event the Board shall determine the amount specified above
is insufficient, it shall so specify and shall further set forth the
amount required to be posted in light of the criteria specified herein.
|
4.
The Chief Financial Officer shall deposit all funds, when required
by N.J.S.A. 40:55D-53.1, in an interest bearing account. In the event
that a refund is to be made to the applicant/developer, the Township
shall refund said sum, with interest, minus administrative fees, according
to law.
5.
The provisions of N.J.S.A. 40:55D-53.1, 53.2 and 53.2a as may be
supplemented or amended hereafter and as clarified in paragraph 6
below, are incorporated by reference herein.
6.
No zoning permits, building permits, certificates of occupancy or
any other types of permits or certifications may be issued with respect
to any approved application for development until all bills for reimbursable
services have been received by the municipality from professional
personnel rendering services in connection with such application and
payment has been made. Further, if after the Chief Financial Officer
has notified an applicant/developer that insufficient funds exist
in the escrow account to fully reimburse the Township for all outstanding
bills for reimbursable professional services, no further action shall
be taken in reference to such applicants' case, nor shall any further
reviews or inspections be undertaken by the Township's professionals
in regard to the development for which the deficiency exists until
the applicant/developer has, not only fully funded reimbursement for
the applicable outstanding professional services, but also replenished
the escrow account to a positive balance, the amount of which is agreed
upon by the approving agency/Township and the applicant/developer.
However, if necessary to protect the public, health and safety inspections
may be performed and charged back against the escrow account.
o.
If an escrow balance falls below 25% of the original amount deposited,
the applicant shall be required to restore the escrow to its original
balance.
p.
Site plan application fees and escrows for wireless telecommunications
installations:
|
Application Fee
|
Escrow
| |
|---|---|---|
|
If no new tower
|
$400
|
$2,000
|
|
If a new tower is proposed
|
$1,000
|
$5,000
|
q.
Fees for Developer Requested Advance Informal Technical Review. Prior
to the submission of any development application, a technical review
of a development proposal may be conducted by the Township staff and
planning and engineering professionals, upon the request of the potential
developer. Prior to the conduct of any such review, the appropriate
technical review fee shall be paid to the Township as set forth below:
[1976 Code § 78-13; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 94-12; amended 11-10-2020 by Ord. No.
2020-24]
In accordance with N.J.S.A. 40:55D-53 et seq., for the purpose
of assuring the installation and maintenance of bondable land development
improvements, the Township shall require the posting of the following
guarantees as a condition of filing of final subdivision plats, recording
of minor subdivision deeds, final site plan approval, or the issuance
of a zoning permit, as applicable.
a.
Performance Guarantees.
1.
No zoning permit shall be issued and no final subdivision or site
plan plat shall be approved unless a performance guarantee has been
posted in accordance with this subsection, to the extent applicable.
2.
A performance guarantee in favor of the Township of Holmdel shall
be required in an amount equal to 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, for the following improvements
as shown on the approved plans or plat: streets, pavement, gutters,
curbs, sidewalks, street lighting, street trees, surveyor's monuments,
as shown on the final map and required by "the map filing law," P.L.
1960, c. 141 as amended or N.J.S.A. 46:26B-1 et seq., water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements.
3.
The performance guarantee shall also include the cost for privately
owned perimeter buffer landscaping as required by ordinance or imposed
as a condition of approval. At the developer's option, this may be
posted either as a separate guarantee or as a line item of the performance
guarantee.
4.
The cost of the improvements covered by the performance guarantee
shall be determined by the Township Engineer, in accordance with N.J.S.A.
40:55D-53.4 as appropriate.
5.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount equal to
120% of the cost of the installation, which cost shall be determined
by the municipal engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
6.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements.
b.
Maintenance Guarantee.
1.
Following inspection of private site plan improvements, no final
approval shall be granted by the Township Engineer and no release
of a performance bond shall be granted by the Township unless a maintenance
guarantee has been posted in accordance with this subsection, to the
extent applicable.
2.
A maintenance guarantee in favor of the Township of Holmdel shall
be posted in an amount equal to 15% of: 1) the cost of completed improvements
that are the subject of a performance guarantee to be released, and
2) the cost of installation of the following private site developments:
stormwater management basins, in-flow and water quality structures
within the basins, and the out-flow pipes and structures of the stormwater
management system, if any, which cost shall be determined by the Township
Engineer in accordance with N.J.S.A. 40:55D-53.4 as appropriate.
3.
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
c.
Temporary Certificate of Occupancy.
1.
No temporary certificate of occupancy shall be issued unless a temporary
certificate of occupancy guarantee has been posted in accordance with
this subsection, to the extent applicable.
2.
A temporary certificate of occupancy guarantee in favor of the Township
of Holmdel shall be posted in an amount equal to 120% of the cost
of installation of any improvements which: 1) remain to be completed
or installed under the terms of the temporary certificate of occupancy;
2) are required to be completed or installed as a condition precedent
to the issuance of a permanent certificate of occupancy; and 3) are
not covered by an existing performance guarantee.
3.
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Township Engineer.
4.
The temporary certificate of occupancy guarantee shall be released
by the Township Clerk upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
d.
Safety and Stabilization Guarantee.
1.
No zoning permit shall be issued and no final subdivision or site
plan plat shall be approved unless a safety and stabilization guarantee
has been posted in accordance with this subsection, to the extent
applicable.
2.
A safety and stabilization guarantee shall be required by the Planning
Board, Zoning Board, or Township Engineer if, in their discretion,
such a guarantee is required for the purpose of returning property
that has been disturbed to a safe and stable condition, or taking
other measures to protect the public from access to an unsafe or unstable
condition.
3.
At the developer's option, a safety and stabilization guarantee may
be furnished either as a separate guarantee or as a line item of the
performance guarantee. If the developer furnishes a separate safety
and stabilization guarantee and then posts a performance guarantee
that includes a line item for safety and stabilization in the amount
required by this ordinance, the Township shall release the separate
safety and stabilization guarantee.
4.
The safety and stabilization guarantee shall only be available to
the Township when:
(a)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
(b)
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the safety and stabilization guarantee.
The Township shall not provide notice of its intent to claim payment
under a safety and stabilization guarantee until a period of at least
60 days has elapsed during which all work on the development has ceased
for reasons other than force majeure. Written notice shall be provided
by certified mail or other form of delivery providing evidence of
receipt.
5.
The safety and stabilization guarantee shall be in an amount that
is calculated as follows:
(a)
Development with bonded improvements not exceeding $100,000
- $5,000
(b)
Development with bonded improvements exceeding $100,000 shall
be calculated as a percentage of the bonded improvement costs of the
development, as $5,000 for the first $100,000 of bonded improvement
costs, plus 2 1/2% of bonded improvement costs in excess of $100,000
up to $1,000,000, plus 1% of bonded improvement costs in excess of
$1,000,000.
e.
The following provisions shall be applicable to all guarantees required
by this section:
1.
All bond shall be issued by a surety company licensed to do business
in New Jersey and in a form deemed acceptable to the Township Attorney.
Any cash bond that is posted shall be deposited with the Township
Chief Financial Officer, with a receipt issued to the developer for
such deposits.
2.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the municipality for such utilities or improvements.
3.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the municipality for the reasonable
cost of the improvements not completed or corrected and the municipality
may either prior to or after the receipt of the proceeds thereof complete
such improvements.
4.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the municipal clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection a of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection a of this section.
5.
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate which formed the basis of the performance guarantee and appended to the performance guarantee pursuant to Subsection a of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
6.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements, and
upon completion, the same procedure of notification as set forth in
this section shall be followed.
7.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the Township Engineer.
8.
In the event that the obligor has made a cash deposit with the municipality
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee shall be
applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee,
provided that if the developer has furnished a safety and stabilization
guarantee, the municipality may retain cash equal to the amount of
the remaining safety and stabilization guarantee.
9.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall
be applied by stage or section.
10.
If the property or any part of same is sold or otherwise conveyed
to a successor developer prior to the completion and acceptance of
all improvements, new performance, maintenance or other guaranties,
shall be required from the new owner or successor developer. Upon
the transfer of ownership of property that is the subject of a construction
permit, and prior to beginning or continuing work authorized by the
construction permit, the new owner or successor developer shall file
with the Building Department an application for a permit update to
notify the Building Department of the name and address of the new
owner or successor developer and of all other changes to information
previously submitted to the Building Department. The Building Department
shall not approve the application for a permit update until it receives
notification from the governing body or its designee that the new
owner or successor developer has furnished adequate replacement performance,
maintenance or other guaranties and assignment of developer's agreement.
[1976 Code § 78-13; Ord. No. 3-82; Ord. No. 2014-15; amended 11-10-2020 by Ord. No.
2020-24]
a.
Each final subdivision or site plan approval of the Planning Board
or Zoning Board of Adjustment shall require the developer to enter
into a developer's agreement that has been accepted by the Township,
unless a waiver has been approved by the Planning Board or Zoning
Board of Adjustment. No final subdivision or site plan plat shall
be approved unless this requirement is satisfied.
b.
A developer's agreement shall incorporate all of the terms and conditions
of final approval and such other conditions as deemed necessary by
the Township.
c.
A developer's agreement shall be approved by the Township Engineer
from an engineering standpoint and by the Township Attorney as to
legal form prior to acceptance and execution by the Township.
d.
If the property or any part of same is sold, or otherwise sold to
a successor developer prior to the completion and acceptance of all
improvements, an Assignment of Developer's Agreement shall be required
and completed in accordance with all applicable provisions of the
developer's agreement governing same.
e.
Upon request of the developer, the Planning Board or Zoning Board
of Adjustment may waive the requirement of a developer's agreement.
In considering a waiver request, the Planning Board or Zoning Board
of Adjustment shall consider the following factors: a) the complexity
of the final approval; b) the significance of the bondable improvements
contained in the final approval; and c) the relevance of the terms
contained in a developer's agreement to the final approval. If the
developer's agreement requirement is waived pursuant to this subsection,
the final approval shall require the developer to execute and record
a deed notice, upon terms acceptable to the Township Attorney, which
appends the final approval, in lieu of entry into a developer's agreement.
No waiver pursuant to this subsection shall be authorized for any
development involving 10 or more dwelling units, 10 or more buildable
lots, or over 20,000 square feet of new industrial, commercial, or
office floor area.
[1976 Code § 78-13; Ord. No. 3-82; Ord. No. 87-21; Ord. No. 88-42; Ord. No.
91-42; Ord. No. 92-18; amended 11-10-2020 by Ord. No. 2020-24]
a.
The cost of inspection shall be the responsibility of the developer,
who shall reimburse the Township for all reasonable inspection fees
by submitting a check to the Township Clerk. The inspection fees shall
not exceed, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of the bonded improvements that are subject
to a performance guarantee, plus 5% of the cost of the improvements
that are not subject to a performance guarantee, which cost shall
be determined pursuant to N.J.S.A. 40:55D-53.4.
b.
For those developments for which the reasonably anticipated fees
total less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the reasonably anticipated fees because the amount deposited
by the developer has been reduced by the amount paid to the Municipal
Engineer for inspections, the developer shall deposit the remaining
50% of the inspection fees.
c.
For those developments for which the reasonably anticipated fees
total $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited in escrow
by a developer shall be 25% of the reasonably anticipated fees. When
the balance on deposit drops to 10% of the reasonably anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall make additional deposits of 25% of the reasonably anticipated
fees.
d.
If the municipality determines that the amount in escrow for the
payment of inspection fees, calculated in accordance with this subsection,
is insufficient to cover the cost of additional required inspections,
the municipality may require the developer to deposit additional funds
in escrow provided that the municipality delivers to the developer
a written inspection escrow deposit request, signed by the municipal
engineer, which: informs the developer of the need for additional
inspections, details the items or undertakings that require inspection,
estimates the time required for those inspections, and estimates the
cost of performing those inspections.
e.
The above specified fees shall be paid prior to the commencement
of any preparatory site work, including but not limited to clearance
of the property, grading or excavation. These inspection fees shall
be in addition to the amount of the performance guaranty and all application
fees as specified in this chapter.
f.
Upon completion of the development and all inspections and at the
request of the developer, the developer shall receive an accounting
of the expended funds, and any unspent funds shall be returned to
the developer with the exception of an amount not exceeding 1% of
the cost of the required bondable improvements or $500, whichever
is greater, which shall be held and used for inspection during any
applicable maintenance periods regarding the improvement. Any of the
funds remaining at the time of release of the maintenance bond shall
be returned to the developer.
[1976 Code § 78-13; Ord. No. 3-82; amended 11-10-2020 by Ord. No. 2020-24]
a.
Prior
to construction, the developer shall arrange for a preconstruction
conference among the developer, contractor and Municipal Engineer.
The Municipal Engineer shall be notified by registered mail by the
developer at least 72 hours in advance of the start of construction.
b.
No work
shall be done without permission from and inspection by the Municipal
Engineer. No underground installation shall be covered until inspected
and approved. The Municipal Engineer's office shall be notified after
each of the following phases of the work has been completed so that
he may inspect the work: road subgrade; curb and gutter forms; curbs
and gutters; road paving (after each coat, in the case of priming
and sealing); drainage pipes and other drainage structures before
backfilling; shade trees and planting strips; street name signs; and
monuments.
[1976 Code § 78-13; Ord. No. 3-82]
All utility installations installed by utility companies shall
not be subject to the inspection requirements or bonding.
[1976 Code § 78-13; Ord. No. 3-82]
Occupancy permits will be issued only when required fire alarms,
curbs, aprons, utilities, functioning water supply and sewage treatment
facilities, gutters and other necessary storm drainage to ensure proper
drainage of the lot and surrounding land, fine grading of lots, clearing
of sight triangles, soil stabilization, including topsoil and seeding,
and the base course for the street and sidewalks are installed to
serve the lot and structure for which the permit is requested. Streets
shall not receive surface course paving until all heavy construction
is completed. Shade trees shall not be planted until all grading and
earth-moving is completed.
[1]
Editor's Note: Former § 30-13.7, Street Improvements;
Inspection and Report by Township Engineer, as amended, was repealed 11-10-2020 by Ord. No.
2020-24.
[1976 Code § 78-13; Ord. No. 3-82; Ord. No. 91-42; amended 11-10-2020 by Ord. No.
2020-24]
a.
The Township Committee possesses and retains plenary authority to complete any and all approvals required by § 30-13. Notwithstanding the foregoing, the Township Committee authorizes the Township Administrator to complete certain specified approvals as set forth herein.
b.
The Township Administrator is authorized to accept and execute developer's
agreements and/or Mount Laurel Agreements on behalf of the Township
that are contained on the Township's standard form and approved as
to form by the Township Engineer from an engineering standpoint (if
applicable) and by the Township Attorney as to legal form. Any developer's
agreements or Mount Laurel Agreements that are not contained on the
Township's standard form shall only be accepted by resolution of the
Township Committee.
c.
The Township Administrator is authorized to accept guarantees required by Subsection 30-13.1, to the extent the instrument is approved by the Township Engineer from an engineering standpoint and by the Township Attorney as to legal form. All releases of guarantees shall be completed only by resolution of the Township Committee.
[1]
Editor's Note: Former § 30-13.9, Rejection of Required
Improvements, as amended, was repealed 11-10-2020 by Ord. No. 2020-24.
[1]
Editor's Note: Former § 30-13.10, Maintenance Guaranty,
as amended, was repealed 11-10-2020 by Ord. No. 2020-24.
[1976 Code § 78-13; Ord. No. 3-82; Ord. No. 24-83]
Upon acceptance by the Township of deeds submitted in conjunction
with any development, the developer shall either cause the deeds to
be recorded in the County Clerk's office and shall pay the costs of
having the deeds recorded, or the developer shall, upon billing, reimburse
the Township for the cost of recording the deeds, if the recording
is done by the Township of Holmdel or its agents.
[1]
Editor's Note: Former § 30-13.12, Detention/Retention
Basin Maintenance Fee, was repealed 11-10-2020 by Ord. No. 2020-24.
[1976 Code § 78-14; Ord. No. 3-82]
All previously adopted subdivision, site plan and zoning ordinances
and their amendments, together with all other ordinances or parts
thereof inconsistent with the provisions of this chapter are hereby
repealed.
[1976 Code § 78-15; Ord. No. 3-82]
See Section 30-13, Guaranties and Inspections.
[1976 Code § 78-16; Ord. No. 3-82]
No zoning permit, building permit or certificate of occupancy
shall be issued where improvements to a property, sale of land, use
of property or subdivision(s) were undertaken in violation of this
chapter. No zoning permit, building permit or certificate of occupancy
shall be issued for any parcel of land or structure located in any
flood hazard area until all plans have been reviewed for compatibility
with the floodplain regulations of this chapter. Prior to issuing
a permit in a flood hazard area, all necessary permits shall have
been obtained from Federal, State or local authorities from which
prior approval is required, and it shall be determined whether or
not there is an adverse effect on the flood-carrying capacity of the
drainage course. If there is no adverse effect, the permit may be
granted. If there is an adverse effect, then flood damage mitigation
measures shall be made a condition of the permit.
[1976 Code § 78-16; Ord. No. 3-82; Ord. No. 94-12]
A zoning permit shall be issued simultaneously with or before
the issuance of any building permit or certificate of occupancy.
[1976 Code § 78-16; Ord. No. 3-82]
Building permits and procedure. Every application for a building
permit shall be submitted in accordance with the State Uniform Construction
Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq. and State Uniform
Construction Code.
[1976 Code § 78-16; Ord. No. 3-82; amended 11-10-2020 by Ord. No. 2020-24]
The Construction Official may issue a temporary certificate of occupancy for a use related to the development of a permitted use for a reasonable period, but not to exceed six months. No more than one one-month extension may be granted. No temporary certificate of occupancy shall be issued unless the developer has posted a temporary certificate of occupancy guarantee in accordance with Subsection 30-13.1c.
[1976 Code § 78-16; Ord. No. 3-82; Ord. No. 2010-18]
Any new lot or building or a change in use and/or tenancy shall
require a zoning commencement of use permit and a certificate of occupancy
inspection prior to its use. No certificate shall be issued unless
the land, building and use comply with this subsection; all matters
incorporated on the approved subdivision or site plan, such as streets,
drainage, parking and water and sewer service, shall be completed
comply with the Building and Health Codes.
[1976 Code § 78-16; Ord. No. 3-82; Ord. No. 94-18; Ord. No. 2010-18; Ord.
No. 2010-26; Ord. No. 2011-09]
The fee for a zoning permit shall be as follows:
|
a.
|
Residential.
| ||
|
Minimum Fee
|
$60
| ||
|
1.
|
Utility Uses:
| ||
|
Solar Panels, Oil Tanks, Generators, Propane Tanks,
Sprinklers
|
$60
| ||
|
2.
|
Accessory Uses:
| ||
|
Minor detached improvements up to 200 square feet
(shed, flag pole, fence, pergola, swing set, etc.
|
$60
| ||
|
Major detached improvements over 200 square feet
(detached garage, gazebo, shed, swing set, etc.)
|
$120
| ||
|
Driveways and sidewalks
|
$60
| ||
|
Sports courts with lighting
|
$100
| ||
|
Sports courts without lighting
|
$60
| ||
|
Patios
|
$60
| ||
|
Decks
|
$80
| ||
|
Retaining walls:
| |||
|
Wall or walls in a single slope less than a cumulative
height of 3 feet
|
$60
| ||
|
Wall or walls in a single slope greater than a cumulative
height of 3 feet
|
$360
| ||
|
Pools:
| |||
|
Above ground
|
$60
| ||
|
In-ground
|
$100
| ||
|
Additions, alterations, or reconstruction (sunrooms,
porches, bedrooms, finished basements, baths, or creation of any enclosed
space or area covered by a roof)
|
$60 up to $30,000 of cost and $420 for every $5,000 thereafter
| ||
|
Renovation
|
$60 up to $10,000 of cost and $20 for every $5,000 thereafter
| ||
|
New 1- and 2-family homes
|
$600
| ||
|
Mobile home replacement
|
$80
| ||
|
Temporary tents
|
$60
| ||
|
Processing fee
|
$40
| ||
|
Revisions
| |||
|
First revision submitted within 60 days from date
of denial
|
No charge
| ||
|
First revision submitted after 60 days from date
of denial
|
$40
| ||
|
Revision to existing zoning permit
|
$40
| ||
|
Any second revision
|
Must resubmit as a new application
| ||
|
b.
|
Nonresidential.
| ||
|
New nonresidential construction:
|
$200 up to $50,000 of cost and $20 for every $50,000 thereafter
| ||
|
Construction trailer
|
$100
| ||
|
Commencement or change of use with tenant fit out
|
$200
| ||
|
Commencement or change of use with continuing certificate
of occupancy inspection:
|
$300
| ||
|
Nonresidential less than 12,000 square feet
|
$300
| ||
|
Nonresidential greater than 12,000 square feet
|
$400
| ||
|
Industrial factory
|
$700
| ||
|
Each additional reinspection
|
$60
| ||
|
Signs:
| |||
|
Sign less than 15 square feet
|
$100
| ||
|
Sign greater than 15 square feet
|
$160
| ||
|
Revisions:
| |||
|
First revision
|
$60
| ||
|
Second revision
|
Must resubmit as a new application
| ||
[1]
Editor's Note: See State Uniform Construction Code.
[1976 Code § 78-16; Ord. No. 3-82]
No zoning permit, building permit or certificate of occupancy
shall be issued for approval granted by the approving authority, if
taxes or assessments for local improvements are due or delinquent
on the property for which application is made.
[1976 Code § 78-16; Ord. No. 3-82; Ord. No. 94-12]
A zoning permit shall be required as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building
and shall acknowledge that such use, structure or building complies
with the provisions of the Township development regulations or with
a variance therefrom duly authorized by the Planning Board or Board
of Adjustment.
[1976 Code § 78-16; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 91-24; Ord. No.
94-12]
a.
When applying for permits as set forth herein, there shall also be
filed in duplicate a plot plan showing to scale the size and location
of all new construction and all existing structures on the site, distances
from lot lines and the established street grades; and it shall be
drawn in accordance with an accurate boundary line survey; except
that for farm and farm residential applications wherein the farm is
an existing and continuing enterprise at the time of application,
the plot plan shall only be required to show to scale the size and
location of all new construction in relationship to two main structures;
and it shall be sufficient to indicate the distances from the lot
line rather than submit a plot diagram of the entire tract. In the
case of demolition, the plot plan shall show all construction to be
demolished and the location and size of all existing buildings and
construction that are to remain on the site or plot; except that for
farm and farm residential demolition applications wherein the farm
is an existing and continuing enterprise at the time of application,
the plot plan shall show all construction to be demolished in relationship
to two main structures which are to remain in the site.
b.
Subsequent to the issuance of a building permit, but prior to the
framing or installation of any structure, including but not limited
to a dwelling, building, septic tank, etc., the holder of the building
permit or his duly designated servant, agent or employee shall file
with the Construction Official a foundation survey showing the boundaries
of the premises in question and the actual location of the foundation
of the structure being constructed.
c.
After completion of a building or structure, except nonresidential
farm buildings or structures, two copies of a final survey certified
by a licensed land surveyor, showing the locations of the buildings
on the property, with all front, side and rear setback distances,
individual water supply and sewerage facilities and driveways, shall
be filed with the Construction Official prior to a request for final
inspections and the issuance of a certificate of occupancy. A certificate
of occupancy will not be issued nor may the premises be occupied until
such final surveys have been submitted to and accepted by the Construction
Official.
[1976 Code § 78-16; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 94-12]
Any person securing a permit for the removal or moving of a
building or structure over, upon or across a public street, in addition
to any other prescribed fees, shall file with the Township Clerk a
bond with good and sufficient sureties to the Township of Holmdel
as obligee, in the sum of $25,000 or such additional amount as recommended
by the Township Engineer, conditioned upon the proper removal or moving
of the building or structure without damage to the public streets,
sidewalks, curbs or other public property and saving the Township
and the public of the Township harmless from any and all damage that
may be caused to any property or person by reason of the removal or
moving of the building or structure, and agreeing to reimburse the
Township for any moneys expended by it or by its public for repairs
or damages. No permit shall be issued until such bond shall be filed
as aforesaid.
[1976 Code § 78-17; Ord. No. 3-82; Ord. No. 20-82]
There is hereby established pursuant to P.L. 1975, c.291,[1] a Planning Board of nine members, consisting of the following
four classes, and two alternate members:
a.
Class I: the Mayor.
b.
Class II: one of the officials of the municipality other than a member
of the governing body, to be appointed by the Mayor, provided that,
if there is an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member, if there is both a member of the Zoning Board of Adjustment
and a member of the Board of Education among the Class IV or alternate
members of the Planning Board.
c.
Class III: a member of the governing body to be appointed by the
governing body.
d.
Class IV: six other citizens of the municipality to be appointed
as regular members and two other citizens of the municipality to be
appointed as alternates, all such appointments to be made by the Mayor.
The members of Class IV shall hold no other municipal office, except
that one regular member may be a member of the Zoning Board of Adjustment
and one may be a member of the Board of Education. A member of the
Environmental Commission who is also a member of the Planning Board
as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board
member unless there be among the Class IV or alternate members of
the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be the Class II member
of the Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[1976 Code § 78-17; Ord. No. 3-82]
a.
The term of the member composing Class I shall correspond with his
official tenure. The terms of the members composing Class II and Class
III shall be for one year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II or Class IV member who is also a member of the
Environmental Commission shall be for three years or terminate at
the completion of his term of office as a member of the Environmental
Commission, whichever comes first. The term of a Class IV member who
is also a member of the Board of Adjustment or the Board of Education
shall terminate whenever he is no longer a member of such other body
or at the completion of his Class IV term, whichever occurs first.
The terms of all Class IV members first appointed pursuant to this
chapter shall be so determined that, to the greatest practicable extent,
the expiration of such terms shall be evenly distributed over the
first four years after their appointment as determined by resolution
of the governing body; provided, however, that no term of any member
shall exceed four years, and further provided that nothing herein
shall affect the term of any present member of the Planning Board,
all of whom shall continue in office until the completion of the terms
for which they were appointed. Thereafter all Class IV members shall
be appointed for terms of four years except as otherwise herein provided.
All terms shall run from January 1 of the year in which the appointment
was made.
b.
Alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms
of the alternate members shall be for two years, except that the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year; provided, however,
that in no instances shall the terms of the alternate members first
appointed exceed two years. No alternate member shall be permitted
to act on any matter in which he has either, directly or indirectly,
any personal or financial interest. An alternate member may, after
a public hearing if he requests one, be removed by the governing body
for cause. Alternate members may participate in discussions of the
proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
[1976 Code § 78-17; Ord. No. 3-82]
If a vacancy of any class, including alternate members, shall
occur otherwise than by expiration of term, it shall be filled by
appointment for the unexpired term.
[1976 Code § 78-17; Ord. No. 3-82; Ord. No. 2010-22 § I]
The Planning Board shall exercise the following powers and duties:
a.
To make, adopt and amend a Master Plan for the physical development
of the municipality pursuant to the provisions of N.J.S.A. 40:55D-28.
b.
To administer the provisions of the subdivision and site plan provisions
of this chapter.
c.
To approve conditional use applications.
d.
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
e.
To assemble data on a continuing basis as part of a continuous planning
process.
f.
To consider and report to the governing body within 35 days after
referral of any proposed development regulation submitted to it pursuant
to the provisions of N.J.S.A. 40:55D-26a and to pass upon other matters
referred to it by the governing body pursuant to the provisions of
N.J.S.A. 40:55D-26b.
g.
In reviewing applications for approval of subdivision plats, site
plans or conditional uses, the Board shall have the power to grant
variances pursuant to N.J.S.A. 40:55D-60 and 40:55D-70c with the same
power to grant, to the same extent and subject to the same restrictions
as the Board of Adjustment and direct the issuance of a permit for
a building or structure either not related to a street (N.J.S.A. 40:55D-36),
or in the bed of a mapped street or public drainageway, flood control
basin or public area reserved on the Official Map (N.J.S.A. 40:55D-32).
Whenever relief is requested pursuant to this subsection, notice of
the hearing on the application for development shall include reference
to the application for a variance or direction for issuance of a permit,
as the case may be. Whenever an application for approval of a subdivision
plat, site plan or conditional use includes a request for a variance
or the issuance of a permit, the Planning Board shall grant or deny
approval of the application 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 this period shall constitute approval of the application.
h.
To perform such other advisory duties as are assigned to it by ordinance
or resolution for the aid and assistance of the governing body or
other municipal agencies or officers.
i.
To review and make recommendations on such matters as the location,
character or extent of capital projects in accordance with N.J.S.A.
40:55-31 to the governing body or other public agency having jurisdiction
on capital projects necessitating the expenditure of public funds.
[1976 Code § 78-17; Ord. No. 3-82; Ord. No. 90-11]
Applications to the Planning Board shall conform to the appropriate provisions in Article III or, if none of these are applicable, then shall conform to subsections 30-7.3, 30-7.4, 30-7.5 and 30-7.6. (See also Section 30-12, Fees.) Procedures for a determination of a complete application shall be as set forth in Section 30-8.
[1976 Code § 78-17; Ord. No. 3-82]
In reviewing plats or any other matters referred to it, the
Board may submit the data to any agency or individual for review and
comment.
[Added 5-23-2021 by Ord.
No. 2021-05]
The provisions of Section 2-3.11, titled "Video Recording and Live Streaming of Public Meetings," are hereby made applicable to public meetings of the Planning Board. The Secretary of the Planning Board shall assume the responsibilities of the Township Clerk contained therein.
[1976 Code § 78-18; Ord. No. 3-82]
The Planning Board shall elect a Chairman and Vice Chairman
from the members of Class IV. The Board of Adjustment shall elect
a Chairman and Vice Chairman from its membership. Both Boards shall
elect a Secretary who may or may not be a member of the Board or a
municipal employee.
[1976 Code § 78-18; Ord. No. 3-82]
There is hereby created the office of Planning Board Attorney
and the office of Attorney to the Board of Adjustment. Each Board
may annually appoint, fix the compensation of or agree upon the rate
of compensation of its respective Board Attorney, who shall be an
attorney other than the Municipal Attorney or anyone in his office.
[1976 Code § 78-18; Ord. No. 3-82]
Both Boards may employ or contract for the services of experts
and other staff and services as they may deem necessary, including
a professional engineer. Neither Board shall authorize expenditures
which exceed, exclusive of the gifts or grants, an amount appropriated
by the governing body for its use.
[1976 Code § 78-18; Ord. No. 3-82]
Each Board shall adopt such rules and regulations necessary
to carry out their duties.
[1976 Code § 78-18; Ord. No. 3-82]
No member shall act on any matter in which he has, either directly
or indirectly, any personal or financial interest. Whenever any member
shall disqualify himself, he shall not continue to sit with the Board
on the hearing of such matter nor participate in any discussion or
decision relating thereto.
[1976 Code § 78-18; Ord. No. 3-82; Ord. No. 85-12]
a.
Meetings shall be scheduled no less than once a month, and any meeting
shall be held as scheduled unless cancelled for lack of applications
for development to process.
b.
Special meetings may be called by the Chairman or on request of any
two Board members, provided that there is notice to the members and
public in accordance with all applicable legal requirements.
c.
No action shall be taken at any meeting without a quorum being present.
All actions shall be by majority vote of the Board present at the
meeting, except where a specified portion of the full authorized membership
is required. See N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34 and 40:55D-70d.
[1976 Code § 78-18; Ord. No. 3-82]
Minutes of regular and special meetings shall be kept and shall
include the names of persons appearing and addressing the Board and
of persons appearing by attorney, the action taken, the findings,
if any, and reasons therefor. The minutes shall be made available
for public inspection during normal business hours at the office of
the Township Clerk. Any interested party shall have the right to compel
production of the minutes and be charged a fee for their reproduction.
[1976 Code § 78-18; Ord. No. 3-82]
a.
Rules. Both Boards may make rules governing the conduct of hearings.
The rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this
chapter. The approving authority may waive the required notices and
hearing for minor and exempt subdivisions and minor and exempt site
plans, except where a variance or conditional use is part of the application.
b.
Oaths. The presiding officer or such person as he may designate shall
have power to administer oaths or issue subpoenas to compel the attendance
of witnesses and the production of relevant evidence, including witnesses
and documents presented by the parties, and the provisions of the
County and Municipal Investigations Law of 1953 (N.J.S.A. 2A.67A-1
et seq.) shall apply.
c.
Testimony. The testimony of all witnesses shall be taken under oath
or affirmation by the presiding officer and the right of cross examination
shall be permitted to all interested parties through their attorneys,
if represented, or indirectly, if not represented, subject to the
discretion of the presiding officer and to reasonable limitations
as to time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable, but
irrelevant, immaterial or unduly repetitious evidence may be excluded.
e.
Records. Each Board shall provide for the verbatim recording of the
proceedings by either stenographer, mechanical or electronic means.
Each Board shall furnish a transcript or duplicate recording in lieu
thereof on request to any interested party at his expense. The charge
for a copy of the transcript shall not be more than the maximum permitted
in N.J.S.A. 2A:11-15, and the transcript shall be certified, in writing,
by the transcriber to be accurate.
f.
Certified Court Reporter. Where a certified court reporter is not
otherwise retained by the Township and an applicant desires a certified
court reporter, the cost of taking testimony and transcribing it and
providing a copy of the transcript to the approving authority shall
be at the expense of the applicant, who shall also arrange for the
reporter's attendance.
g.
When any hearing before either Board shall carry to two or more meetings,
a member of the Board who was absent for one or more of the meetings
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding his absence from one or more of the meetings,
provided that such Board member has available to him a transcript
or recording of the meeting from which he was absent and certifies,
in writing, to the Board that he has read such transcript or listened
to such recording.
[1976 Code § 78-19; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 85-12]
All public hearing dates shall be set by the approving authority.
The approving authority shall hold a public hearing on each application
for development, except that the approving authority may waive the
required notices and hearing for minor and exempt subdivisions and
minor and exempt site plans unless a variance or conditional use is
part of the application. No public hearing shall be required for final
site plan or subdivision approval. All public hearings conducted on
subdivisions, site plans or variances before either the Board of Adjustment
or Planning Board shall follow the requirements of the Municipal Land
Use Law as summarized below. (See N.J.S.A. 40:55D-11 and 55D-12.)
a.
Any maps and documents submitted for approval shall be on file and
available for public inspection at least 10 days before the hearing
date during normal business hours in the office of the administrative
officer.
b.
The Planning Board or Zoning Board shall include findings of fact
and conclusions based thereon in each decision on any application
for development and shall reduce the decision to writing. The Planning
Board or Zoning Board shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided
in the act for action by the Planning Board or Zoning Board on the
application for development; or
2.
A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval. Only the members of the Planning
Board or Zoning Board who voted for the action taken may vote on the
memorializing resolution, and the vote of a majority of such members
present at the meeting at which the resolution is presented for adoption
shall be sufficient to adopt the resolution. An action pursuant to
N.J.S.A. 40:55D-9 resulting from the failure of a motion to approve
an application shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
on any such resolution shall be deemed to be a memorialization of
the acts of the Planning Board or Zoning Board and not to be an action
of the municipal agency; however, the date of the adoption of the
resolution shall constitute the date of decision for purposes of the
mailings, filings and publications required by N.J.S.A. 40:55D-10.
c.
A copy of the decision shall be mailed by the approving authority
within 10 days of the date of the decision to the applicant of, if
represented by an attorney, then to the attorney, and a copy shall
also be filed in the office of the administrative officer. A brief
notice of the decision shall also be published in the official newspaper
of the Township, the publication of which shall be arranged by the
Secretary of the Planning Board or Board of Adjustment, as applicable.
The period of time in which an appeal of the decision may be made
shall run from the first publication of the decision.
d.
All notices shall state the date, time and place of the hearing,
the nature of the matters to be considered and an identification of
the property proposed for development by street address, if any, or
by reference to lot and block numbers and the location and time(s)
at which any maps and documents are available for public inspection.
e.
All hearing notices shall be the responsibility of the applicant
and shall be given at least 10 days prior to the hearing date established
by the approving authority.
1.
Public notice shall be given by publication in the official newspaper
of the Township, if there is one, or in a newspaper of general circulation
in the municipality.
2.
Notice shall be given to the owners of all real property as shown
on the current tax duplicate located in the State and within 200 feet
in all directions of the property which is the subject of such hearing,
provided that this requirement shall be deemed satisfied by notice
to a condominium association, in the case of any unit owner whose
unit has a unit above or below it, or to a horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. This notice shall be given by either serving a copy thereof
on the property owner as shown on the current tax duplicate or his
agent in charge of the property or mailing a copy thereof, by certified
mail, to the property owner at his address on the current tax duplicate.
3.
Notice to a partnership owner may be made by service upon any partner.
Notice to a corporate owner may be made by service upon its president,
a vice president, secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation. Notice to
a condominium association, horizontal property regime, community trust
or homeowners' association, because of its ownership of common elements
or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation
without further notice to unit owners, co-owners or homeowners on
account of such common elements or areas.
4.
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the Clerk of such
municipality.
5.
Where a public hearing is required by this chapter, a notice shall
be given by personal service or certified mail to the County Planning
Board where the hearing concerns a property adjacent to an existing
county road or proposed road shown on the Official County Map or on
the County Master Plan, adjoining other county land or situated within
200 feet of a municipal boundary; to the Commissioner of Transportation
where the hearing concerns a property adjacent to a State highway;
to the Director of the Division of State and Regional Planning where
the hearing concerns a property which exceeds 150 acres or exceeds
500 dwelling units, and the notice to the Director shall include a
copy of any maps or documents required to be on file with the administrative
officer.
f.
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing. Any notice made by certified
mail shall be deemed complete upon mailing.
[1976 Code § 78-20; Ord. No. 3-82; Ord. No. 20-82]
[1976 Code § 78-21; Ord. No. 3-82]
Any appeal for a variance to allow a structure or use in a district
restricted against such structure or use shall have one copy forwarded
to the Planning Board by the administrative officer, together with
a notice of the hearing date. The Planning Board shall review the
material and may make recommendations at the public hearing. The Planning
Board's recommendations may contain, among other things, its opinion
as to the compatibility of the proposal to the Master Plan; applications
which may have been or are currently being processed by the Planning
Board for similar uses elsewhere in the Township; land use, traffic
and other data considered by the Planning Board to be relevant to
the application; and what conditions, if any, it would recommend be
imposed on the applicant to improve compatibility with the Master
Plan and Zoning Ordinance should the Board of Adjustment grant the
variance.
[1976 Code § 78-23; Ord. No. 3-82; Ord. No. 91-21; Ord. No. 2006-07 § IX]
a.
In case of any violation of this chapter, the Township or an interested party may institute appropriate action to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of the structure or land, and to prevent any illegal act, conduct, business or use in or about such premises. Any person, firm or corporation found guilty in the Municipal Court of the Township of Holmdel or a violation of any provision or section of the Code shall be subject to the penalties stated in Chapter 1, Section 1-5.
Except as otherwise provided, each and every day in which a
violation of any provision of this chapter exists, shall constitute
a separate violation. In addition, each violation of this chapter
shall be considered a separate offense upon each and every day in
which a violation exists.
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation, shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance.
b.
If before final subdivision approval any person as owner or agent
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
any land which forms a part of a subdivision for which municipal approval
is required, such persons shall be subject to a penalty not to exceed
$2,000 and each lot disposition so made may be deemed a separate violation.
c.
In addition, the Township may institute and maintain a civil action
for injunctive relief and to set aside and invalidate any conveyance
made pursuant to such a contract of sale if a certificate of compliance
has not been issued in accordance with N.J.S.A. 40:55D-56, but only
if the municipality has a Planning Board and has adopted by ordinance
standards and procedures in accordance with N.J.S.A. 40:55D-38.
d.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assignees
or successors, to secure the return of any deposits made or purchase
price paid and, also, a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of the land or within six years, if unrecorded.
