A.
Except for applications for minor subdivisions or
final approval of major subdivisions, public notice of a hearing on
every application for development shall be given. The said notice
shall be given by the applicant and shall state the date, time, and
place of the hearing, the nature of the matter to be considered, and
identification of the property proposed for development by street
address, if any, or by reference to the lot and block numbers shown
on the current tax duplicate in the Howell Township Tax Assessor’s
office. The notice shall further state and the applicant shall assure
that at least 10 days before the date of the hearing any maps and
documents for which approval is sought are available for public inspection
during normal business hours in the administrative office or by one
of the deputy administrative officers as the case may be.
(1)
The required public notice described herein shall be given to the owners of all real property as shown on the current tax duplicate within 200 feet in all directions of the property which is the subject of the hearing. A list of all such property owners shall be prepared by the Land Use Officer from the current tax duplicate and shall be made and certified within seven days of written request of the applicant. The applicant shall pay the maximum amount permitted by N.J.S.A. 40:55D-12(c) as same is from time to time amended for the preparation of such list. Said sum is as set forth in Chapter 139, Fees.[1]
[Amended 3-16-2004 by Ord. No. O-04-04]
(2)
The required public notice described herein shall
be given by publication in one of the official newspapers of the Township
of Howell.
(3)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality,
except if such property is located in an ARE Zone, notice shall be
required for property located within 500 feet of an adjoining municipality,
shall be given by personal service or certified mail to the Clerk
of such municipality. The administrative checklist used in connection
with planning and zoning applications shall conform to the “within
200 feet” notice requirements.
[Amended 8-16-2005 by Ord. No. O-05-26]
(4)
Notice shall be given by personal service or certified
mail to the County Planning Board of a hearing on an application for
development of property adjacent to an existing county road or proposed
road shown on the Official County Map or the County Master Plan, adjoining
other county land or situated within 200 feet of a municipal boundary,
except if the property to be developed is located in an ARE Zone,
notice shall be required for property located within 500 feet of an
existing county road, proposed road shown on the Official County Map
or the County Master Plan or adjoining other county land.
(5)
Notice shall be given by personal service or certified
mail to the commissioner of transportation of a hearing on an application
for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified
mail to the Division of State and Regional Planning in the Department
of Community Affairs of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Said notice
to the Director of the Division shall include a copy of any maps or
documents required to be on file with the administrative officer or
deputy administrative officers.
(7)
All notices required to be given hereunder shall be
given at least 10 days prior to the date of the hearing exclusive
of the date of service, mailing, or publication.
(8)
Each applicant shall file an affidavit of proof of
service with the approving authority holding the hearing on the application
for development indicating in detail the applicant’s compliance
with the requirements of this section.
(9)
Pursuant to P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1), all public companies and cable television companies who desire to receive notice of any application shall register using the following registration form and pay a fee as set forth in Chapter 139, Fees. All applicants shall provide notice to all such companies registered with the Township.[2]
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Notification of Utility Companies
Registration Form
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Date: _____________________
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Name: (public utility, cable television company,
local utility):
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Address:
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Name and position of person to be notified:
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Registration fee: _____________
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Date paid: __________________
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The above is required pursuant to Subsection
H, of Section 7.1 (N.J.S.A. 40:55D-12) of the Municipal Land Use Law.
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B.
The Township Council, upon introduction of an ordinance
which will change the permitted uses, accessory uses or conditional
uses as defined in this chapter as it relates to a particular tract
or tracts of property, shall, in addition to any other notice provisions
required by state statute, mail a copy of the pending ordinance to
the owner of the property for which this zone change is being adopted,
and the owners of all real property(ies) as shown on the current tax
duplicate within 200 feet in all directions of the property which
is the subject of the Use Change Ordinance, except in any agricultural,
Rural Estate Zone (ARE Zones), now existing or hereafter established.
The owners of all real property(ies) in ARE Zones, as shown on the
current tax duplicate within 500 feet in all directions of the property
which is the subject of the Use Change Ordinance shall be given the
required public notice described herein. This notice requirement shall
not apply to ordinances which would change permitted uses, accessory
uses or conditional uses in a particular zone designation through
the Township or zone changes effected by the publication of the Zoning
Map for the entire Township.
[Added 11-23-2004 by Ord. No. O-04-55]
A.
All applications requiring public notice as hereinabove
set forth shall require a notice sign. A notice sign is a sign which
is freestanding and erected on property which is the subject of an
application for development. Notice of signs required to be created
on the property which is subject of the application or development
shall state the name of the applicant; the name of the public body
from which the applicant is seeking approval; the phone number of
the public body where a person may seek information as to the date
and time of the public hearing on the application and a statement
that this number may be called to obtain such information; a brief
description of the nature of the approval sought, including the number
of proposed dwelling units, the type of units, e.g., single-family
homes, town homes, garden apartments, and in a case of nonresidential
uses, the nature of the proposed construction, e.g., warehouses, commercial
use, and the proposed square footage of the construction. Notwithstanding
anything stated to the contrary herein, the requirement to erect a
notice sign shall not apply to a single-family residential lot provided
a) the application does not include a use variance request or b) a
minor subdivision which creates no new lots.
B.
A notice sign shall not refer to any name of a planned
development or that such development is "coming soon," "future site
of" or any other language that a reasonable person may construe as
the development having been approved prior to the applicant's receipt
of an approval resolution either from the Planning Board or the Zoning
Board of Adjustment. The notice sign shall not contain any other information
except as authorized herein.
C.
A notice sign shall contain the information referred
to above and shall satisfy the following requirements:
(2)
The lettering of the notice sign shall be of such
a type, face and size as to be clearly visible to motorists and pedestrians
in or on the abutting street.
(3)
The notice sign shall remain until the applicable
public body shall grant or deny final approval or the applicant shall
withdraw the application.
(4)
The notice sign shall comply with the provisions of
this chapter applicable to signs to the extent not inconsistent with
this section. Failure by an applicant to provide a notice sign as
required by this section will constitute a violation of this chapter
and code.
D.
Upon approval of the application for development,
the sign shall be modified to include the hours of allowable construction
as established by Township ordinance.
A.
Except for minor subdivisions as defined in this chapter, unless same requires construction of new roads and improvements, an environmental impact report shall accompany every application for development, unless such requirement is waived pursuant to Subsection E of this section. Said environmental impact report shall be coordinated with the natural resources inventory in the Township of Howell, but shall be based upon the conditions which actually exist on the property to be developed. Said environmental impact report shall include the following data and shall be reviewed and passed upon as follows:
(1)
A description of the project which shall specify what
is to be done and how it is to be done, during construction and operation,
as well as a recital of alternative plans deemed practicable to achieve
the objective.
(2)
An inventory of existing environmental conditions
at the project site and in the immediate surrounding region which
shall describe air quality, water quality, water supply, hydrology,
geology, soils and properties thereof, including capability and limitations;
sewerage systems, topography, slope, vegetation, wildlife, habitat,
aquatic organisms, noise characteristics and levels; demography, land
use, aesthetics and history. Air and water quality shall be described
with reference to standard promulgated by the Department of Environmental
Protection of the State of New Jersey and soils shall be described
with reference to criteria contained in the Soil Conservation District
Standards and Specifications. The aforedescribed inventory shall be
based upon actual visitation and inspection of the site proposed for
development. The inventory shall be prepared by a person who is qualified
and able to recognize the evidence of the presence of a species of
flora or fauna by sight, sound, sign and habitat. Prior to the actual
performance of the inventory, any applicant may present the qualifications
of a proposed expert to the Environmental Commission of the Township
of Howell for acceptance. The inventory required by this section shall
be accompanied by a log indicating the dates, times, weather conditions,
and specific site locations of the on-site inspections required by
this section. If evidence is detected of the presence of any endangered
or threatened species as shown on any federal or New Jersey endangered
or threatened species list, the inventory shall set forth specific
strategies and procedures to protect and preserve any such endangered
or threatened species.
(3)
An assessment of the probable impact of the development upon all items set forth in Subsection A(2) of this section.
(4)
A description of steps to be taken to minimize adverse
environmental impacts during construction and operation, both at the
project site and in the surrounding region. Such description shall
be accompanied by necessary maps, schedules and other explanatory
data that may be needed to clarify and explain the action to be taken.
The developer or its consultants in overall charge of the environmental
impact report shall include therein all steps that the applicant or
developer must undertake to successfully implement the report.
(5)
A statement concerning any irreversible and irretrievable
commitment of resources which would be involved in the proposed project
and a statement concerning steps which could be taken which might
avoid some or all of the adverse environmental effects including a
no-action alternate.
(6)
A listing and evaluation of adverse environmental
impacts which cannot be avoided, with particular emphasis upon air
or water pollution, increase in noise, damage to natural resources,
displacement of people and businesses, displacement of existing farms,
increase in sedimentation and siltation, increase in municipal services
and consequences to municipal tax structures. Off-site impact shall
also be set forth and evaluated.
B.
As a direct result of the investigations made under
the environmental impact report, a listing shall be all inclusive
stipulating the licenses, permits and approvals needed to be furnished
by state, county or municipal law. The status of these permits and
approvals shall also be included. During the preparation of the impact
report, the applicant shall contact all concerned federal, state,
county or other municipal agencies or officials adjacent thereto or
affected by the proposed development. The report shall include as
a result thereof the conclusions and comments of all concerned governmental
agencies and officials. All apropos correspondence between the applicant
and these officials and agencies shall be included in the report.
C.
The environmental impact report shall be submitted
to the Environmental Commission for its review and recommendation.
D.
Upon completion of all reviews and public hearings,
the Planning Board shall consider the environmental impact record
and if the Planning Board finds that the proposed development will
result in substantial damage to any of the elements of the environment
set forth in this section which is not adequately resolved or avoided
by the applicant’s proposal, the Planning Board may deny the
application.
E.
Notwithstanding any of the foregoing, the Planning
Board or the Board of Adjustment, as the case may be, at the request
of an applicant, may waive the requirement for an environmental impact
report, if sufficient evidence is submitted to support a conclusion
that the proposed development will have a negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding that the complete report need not be prepared in order to
evaluate adequately the environmental impact of a particular project.
Exemption of any activity or project from an environmental impact
report shall give due consideration to the natural resources inventory
and shall be based upon consideration of the following by the Planning
Board:
(1)
Stability of the soil during and after the proposed
alteration.
(2)
Drainage patterns and effect on surface water runoff.
(3)
Effect on springs.
(4)
Potential effect on animals and significant plant
species.
(5)
Potential air and water pollution, especially any
potential increase in siltation.
(6)
Effect of any construction plans or other environmental
changes on critical slope areas or sewage disposal systems.
(7)
Problems related to rock removal.
(8)
Amount of resulting nonagricultural displacement of
soil.
(9)
Potential noise pollution.
(10)
Increase in amount of industrial waste.
(11)
Increased problems of industrial or nonindustrial
waste disposal (subject to review of such problems by the Board of
Health).
(12)
Circumstances or conditions that are peculiar to the
site or to the application under consideration, that are not generally
applicable to sites or applications in the same general locality,
and that would result in imposition of an undue burden on the applicant
if an environmental impact report were required.
A.
The basic procedures to be followed concerning an application for development are as set forth in the articles, sections and subsections of this chapter pertaining to the particular type of development. Consistent with these basic procedures and the requirements of the Municipal Land Use Law, the Planning Board and the Board of Adjustment shall adopt, and may from time to time amend reasonable rules and regulations for the administration of their respective functions, powers and duties. Copies of such rules and regulations and any amendments thereto shall be maintained in the office of the administrative secretary of each Board and shall be available to any person for a fee as set forth in Chapter 139, Fees.[1]
B.
A hearing shall be held upon each application for
development at the regular meeting of the approving authority or at
such special meeting as it shall lawfully convene.
(1)
Any maps and documents for which approval is sought
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours of the
administrative officer or the respective deputy administrative officers.
The applicant may produce other documents, records, or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
C.
Each decision on any application for development shall
be in writing and shall include findings of fact and conclusions based
thereon.
D.
E.
If the decision of the municipal agency is favorable
to the applicant, he shall cause a brief notice of the decision to
be published in one of the official newspapers of the Township of
Howell and shall return proof of the publication to the administrative
secretary of the approving agency. If the decision of the municipal
agency is not favorable to the applicant, then the administrative
secretary of the agency taking the action shall cause notice of the
decision to be published as aforesaid.
F.
Conduct of hearing.
(1)
The officer presiding at a hearing or such person
as he may designate shall have the power to administer oaths and 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-l et seq.) shall apply.
(2)
The testimony of all witnesses relating to an application
for development shall be taken under oath or affirmation by the presiding
officer or his or her designee and the right of cross examination
shall be permitted to all interested parties through their attorneys,
if represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(3)
Technical rules of evidence shall not be applicable
to the hearing but the agency may exclude irrelevant, immaterial or
unduly repetitious evidence.
(4)
The following document, books, treatises and reports
shall be deemed to be evidence without introduction or proffer by
any party or agency involved within an application:
(a)
The Howell Township Natural Resources Inventory
prepared by Tectonic and dated February 1976, including all supporting
maps, data, and material as amended from time to time.
(b)
Freehold Soil Conservation Service soils maps
as amended or updated from time to time.
(d)
Master Plan of the Township of Howell.
(e)
Tax Maps of the Township of Howell.
Any lands which are proposed for dedication
to the Township of Howell for any public purpose in conjunction with
an application for development shall be subject to approval and acceptance
by the Township Council of the Township of Howell. There shall be
no presumption of acceptance nor shall any acceptance be final or
effective unless and until it is concluded by written and duly adopted
resolution of the Township Council of the Township of Howell. A developer
may make provision for the establishment of a property owners' association
to own and maintain lands which are to be used in common for any purpose
which said property owners association shall be constituted and regulated.
