[Amended 12-16-2002 by Ord. No. O-02-49; 3-16-2004 by Ord. No.
O-04-07; 6-30-2009 by Ord. No. O-09-29; 6-30-2009 by Ord. No.
O-09-30; 5-25-2010 by Ord. No. O-10-14]
A.
Any application for development shall demonstrate conformance to
design standards that will encourage sound development patterns within
the Township. Where either an Official Map or Master Plan have been
adopted, the development shall conform to the proposals and conditions
shown thereon. The streets, drainage rights-of-way, school sites,
and flood control basins shown on the officially adopted Master Plan
or Official Map shall be considered in the approval of plats. In accordance
with good design practices, extreme deviations from rectangular lot
shapes and straight lot lines shall not be allowed unless made necessary
by special topographical conditions or other special conditions acceptable
to the approving authority. All improvements shall be installed and
connected with existing facilities, or installed in required locations
to enable future connections with approved systems or contemplated
systems, and shall be adequate to handle all present and probable
future development.
B.
Character of the land. Land which the approving authority finds to
be in areas identified in the natural resources inventory as having
severe or moderate soil characteristics particularly as the land relates
to flooding, improper drainage, steep slopes, rock formations, soil
conditions, adverse topography, utility easements, or other features
which can reasonably be expected to be harmful to the health, safety,
and general welfare of the present or future inhabitants of the development
and/or its surrounding areas shall not be subdivided and site plans
shall not be approved unless adequate and acceptable methods are formulated
by the developer to solve the problems by methods meeting this chapter
and all other regulations.
C.
Plats straddling municipal boundaries. Whenever a development abuts
or crosses a municipal boundary, access to those lots within the Township
shall be from within the Township as the general rule. Wherever access
to a development is required across land in an adjoining community
as the exception, the approving authority may require documentation
that such access is legally established, and that the access road
is adequately improved.
D.
Development name. The proposed name of the development shall not
duplicate, or too closely approximate, the name of any other development
in the Township. The approving authority shall have final authority
to designate the name of the development which shall be determined
at the sketch plat stage.
A.
All development shall be served by paved streets with an all-weather
base and pavement with an adequate crown. The arrangement of streets
not shown on the Master Plan or Official Map shall be such as to provide
for the appropriate extension of existing streets, conform with the
topography as far as practicable, and allow for continued extension
into adjoining undeveloped tracts.
B.
When a development adjoins land capable of being developed or subdivided
further, suitable provisions shall be made for optimum access from
the adjoining tract to existing or proposed street.
C.
Local streets shall be designed to discourage through traffic.
D.
In all residential zones, development bounded by any arterial or
collector street shall control access to said streets by having all
driveways intersect minor streets. Where the size, shape, location,
or some other unique circumstance may dictate no other alternative
than to have a driveway enter an arterial or collector street, the
lot shall provide on-site turnaround facilities so it is not necessary
to back any vehicle onto an arterial or collector street, and abutting
lots shall share a common access drive. All lots requiring reverse
frontage shall have an additional 25 feet of depth to allow for the
establishment of the buffers outlined below unless such buffers are
established in a reserve strip controlled by the Township or county.
That portion of the development abutting an arterial or collector
street right-of-way shall either be planted with nursery grown trees
to a depth of not more than a twenty-five-foot buffer strip along
the right-of-way line and for the full length of the development so
that in a reasonable period of time a buffer area will exist between
the development and the highway, or, where topography permits, earthen
berms may be created at a sufficient height to establish a buffer
between the development and the highway. Berms shall not be less than
five feet in height, they shall be stabilized by ground cover to prevent
soil erosion and shall be planted with evergreens and deciduous trees
according to a landscaping plan so as to be designed to have no adverse
effect on nearby properties. All trees shall be of nursery stock having
a caliper of not less than 2 1/2 inches measured three feet above
ground level and be of an approved species grown under the same climatic
conditions as at the location of the development. They shall be of
symmetrical growth, free of insect pests and disease, suitable for
street use, and durable under the maintenance contemplated.
E.
In all development the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines. In the interest of public safety the Board of Fire Commissioners does not support any waivers to Subsection E. All private roads shall meet the standards as though they are public roads.
|
Street Classification
|
ROW Width
(feet)
|
Traffic Lanes
|
Width
Between Curbs
(feet)
|
Total
Utility and Right-of-Way Outside the Curb*
(feet)
|
|---|---|---|---|---|
|
Arterial
|
86
|
4 at 12 feet
|
64
|
22
|
|
Collector
|
60
|
2 at 12 feet
|
40
|
20
|
|
Primary local
|
56
|
2 at 10 feet
|
36
|
20
|
|
Secondary local
|
56
|
2 at 10 feet
|
36
|
16
|
|
*Shall be grass stabilized topsoil, minimum
four inches deep.
|
(1)
Dead-end streets and culs-de-sac. All dead-end streets and culs-de-sac
shall be, at a minimum, designed in accordance with the Residential
Site Improvement Standards.
(2)
One-way streets. The minimum width of any one-way street is to be
36 feet. If the street is a divided one-way street, it shall be 30
feet wide with no parking on one side.
F.
No development showing reverse strips controlling access to streets
or another area, either developed or undeveloped, shall be approved
except where the control and disposal of land comprising such strips
has been given to the governing body.
G.
In the event that a development adjoins or includes existing Township
streets that do not conform to widths as shown on either the Master
Plan or Official Map or the street width requirements of this chapter,
additional land along both sides of said street sufficient to conform
to the right-of-way requirements shall be anticipated in the subdivision
design by creating oversized lots to accommodate the widening at some
future date. The additional widening may be offered to the Township
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of-way and shall be expressed on the plat as follows:
"Street right-of-way easement granted to the Township of Howell permitting
the Township to enter upon these lands for the purposes provided for
and expressed in the Subdivision Ordinance of the Township of Howell."
This statement on an approved plat shall in no way reduce the subdivider's
responsibility to provide, install, repair or maintain any facilities
installed in this area dedicated by ordinance or as shown on the plat
or as provided for any maintenance or performance guarantees. If the
subdivision is along one side only, 1/2 of the required extra width
shall be anticipated.
H.
Longitudinal grades on all local streets shall not exceed 10%, nor
4% on arterial and collector streets. No street shall have a longitudinal
grade of less than 4/10 of 1%. Maximum grades within intersections
shall be 4%. The slope of the cartway from the center line to the
curbline or edge of the paving shall be 2%. Where the cartway is banked
to facilitate a curve in the street alignment, the slope toward the
curbline or shoulder shall conform to accepted engineering practice.
I.
Intersecting street center lines shall be nearly at right angles
as possible and in no case shall they be less than 60° at the
point of intersection. The curblines shall be parallel to the center
line. Approaches to all intersections shall follow a straight line
for at least 100 feet measured from the curbline of the intersecting
street to the beginning of the curve. No more than two street center
lines shall meet or intersect at any one point. Streets intersecting
another street from opposite sides shall have at least 250 feet between
the two street center lines. Any development abutting an existing
street which is classified as an arterial or collector street shall
be permitted not more than one new street every 800 feet on the same
side of the street with the boundaries of the tract being subdivided.
In the spacing of streets, consideration will be given to the location
of existing intersections on both sides of the development. Intersections
shall be rounded at the curbline with the street having the highest
radius requirement as outlined below determining the minimum standard
for all curblines: arterial at 40 feet; collector at 30 feet; and
local streets at 20 feet. No local streets shall be part of a four-way
intersection.
K.
All changes in grade where the difference in grade is 1% or greater
shall be connected by a vertical curve having a length of at least
50 feet for each two-percent difference in grade, or portion thereof,
and providing minimum sight distances of 160 feet for a local street,
300 feet for a collector street, and 550 feet for an arterial street.
Intersections shall be desired with as flat a grade as practical with
the advice of the Municipal Engineer.
L.
No streets shall have a name which will duplicate or so nearly duplicate
in spelling or phonetic sound the names of existing streets so as
to be confusing therewith. The continuation of an existing street
shall have the same name. The names of new streets must be approved
by the approving authority.
M.
Minimum pavement requirements.
(1)
The minimum requirement for the pavement of the street shall
be in accordance with the Residential Site Improvement Standards.
All materials for roadway construction shall conform to the current
New Jersey Department of Transportation Standard Specifications for
Road and Bridge Construction. The surface course shall be FABC Type
I-5 stone mix composition, the base course shall be bituminous stabilized
base course Type I-1, stone mix composition, and the soil aggregate
shall be broken stone in conformance with Section 901 of the state
specifications.
(2)
All subgrades shall be prepared in accordance with the applicable
requirements of the standard specifications. Prior to the construction
of any subbase, base or pavement course, all soft or yielding portions
of the subgrade which do not attain the required stability will be
removed and replaced with suitable material, and the whole surface
of this subgrade shall be uniformly compacted. Any proposal by the
developer to stabilize the subgrade shall be subject to approval of
the Township Engineer.
(3)
Bituminous base courses for use with bituminous concrete pavements
shall be constructed in accordance with the standard specifications,
except that the requirements for the construction of the base course
shall be amended to allow the laying of the base course with a single-lift
maximum thickness not exceeding four inches. Prior to placement of
a bituminous surface course, the finished surface of any underlying
subbase shall receive a prime coat in accordance with the requirements
of the standard specifications. In addition, prior to the placement
of the surface course, the pavement section shall be cored in accordance
with the state specifications for determination on composition, air
voids, and thickness. If the previously placed pavements do not adhere
to the requirements contained herein, then the Township Engineer will
make a determination on the corrective measures to be undertaken.
The coring shall be performed by a certified testing lab, employed
by the developer, and directed by the Township Engineering Department.
(4)
During the placement of the surface course, the developer and/or
his or her contractor shall provide the labor and containers to take
samples of the top material for testing. The developer shall employ
a certified testing lab to perform the testing and reports.
(5)
No bonding reductions will be considered until the various test
results for the items requested in the reduction have been fully analyzed
and determined to comply with the ordinance and NJDOT requirements.
A.
All residential dwellings shall be served by a paved or concrete
driveway. Pavers are acceptable and shall be permitted as well.
B.
No driveway shall be constructed in such a way as to create a drainage
problem on an adjacent property or Township road.
C.
No driveway shall be constructed closer than five feet from any property
line.
D.
Single lot driveways less than 150 feet in length shall be a minimum
of 12 feet wide.
[Amended 11-14-2016 by Ord. No. O-16-22]
E.
Single lot driveways over 150 feet in length shall conform to the requirements of § 188-166, Emergency access, Subsection B. The first 150 feet shall be paved and the balance of the driveway shall be designed to accommodate emergency vehicles for a minimum of 28,000 pounds.
[Amended 11-14-2016 by Ord. No. O-16-22]
F.
All driveways shall have a fourteen-foot minimum height clearance.
G.
Paved residential driveways shall be constructed of four inches of
compacted dense graded aggregate (DGA) or approved equal in accordance
with the New Jersey Department of Transportation (NJDOT) Standard
Specifications for Road and Bridge Construction, latest edition. The
DGA shall be placed on the properly shaped, graded and compacted subgrade.
A minimum of 2 1/2 inches of hot mix asphalt (HMA) base course
shall be placed on the DGA followed by at least 1 1/2 inches
of HMA surface course to be placed as the final layer of the driveway.
All materials shall conform to the latest edition of the NJDOT specifications
and will change as the NJDOT updates its requirements without further
amendments hereto.
[Amended 11-14-2016 by Ord. No. O-16-22]
H.
Concrete driveways shall be constructed a minimum of six inches thickness.
The concrete shall have a compressive strength of 4,500 pounds per
square inch after 28 days. A bituminous expansion joint filler 1/2
inch thick shall be installed every 10 feet.
I.
The Planning Board or Zoning Board, as the case may be, may approve
stone pavers driveway or pattern stamped concrete driveway design.
A construction detail must be provided subject to its approval.
J.
To accommodate side entrance garages, the distance from the garage
door to the edge of the driveway shall be a minimum of 30 feet. A
turnaround area is also required.
K.
A residential dwelling shall not be serviced by a common driveway.
Every residential dwelling must be served by a driveway.
L.
All accessory structures shall comply with Section 503 of the 2015
International Fire Code.
[Added 11-14-2016 by Ord.
No. O-16-22]
Street signs shall be metal on metal posts of the type, design
and standard required in the Street Ordinance or, if there is no street
ordinance in effect at the time, then as approved by the approving
authority on advice of the Municipal Engineer or in accordance with
the New Jersey Department of Transportation. The location of the street
signs shall be determined by the Engineer but there shall be at least
two street signs furnished at each four-way intersection and one street
sign at each T-intersection. All signs shall be installed free of
visual obstruction.
A.
The intent of lighting is to ensure that it contributes to the character
and safety of the site and its use without disturbing adjacent development.
Lighting shall be provided within parking areas and along pedestrian
walkways. Lighting fixtures shall be limited to heights of 30 feet
or 16 feet as determined by the appropriate board and there shall
be a two-hundred-foot distance between each pole. All lighting shall
be shielded from producing off-site glare, either through exterior
shields or through optical design inside the fixture. The light intensity
provided at ground level shall be determined by the appropriate board.
Light fixtures attached to the exterior of a building shall be designed
to be architecturally compatible with the style, materials, colors
and details of such building and other lighting fixtures used on the
site. Consideration shall also be given to the type of light source
utilized and the light quality such produces. The type of light source
used on buildings, parking areas, pedestrian walkways and other areas
of a site shall be the same or compatible. Lighting along pedestrian
walkways should be decorative. The lighting along walkways and commercial
areas may consist of the following lighting fixtures that are shown
in the Jersey Central Power and Light Municipal Lighting Handbook,
dated September 2007:
B.
The use of low-pressure sodium or mercury vapor lighting either attached
to buildings or to light the exterior of buildings shall be prohibited
for commercial only.
C.
All fixtures and poles shall be "contributor fixtures and poles."
The cost of the fixtures and the poles is the sole responsibility
of the applicant/developer.
All street trees shall have a minimum diameter of 2 1/2
inches measured three feet above the ground and be of a species approved
by the approving authority. Trees shall be planted 40 feet to 60 feet
apart and parallel to but no less than 20 feet from the curbline and
shall be balled and burlapped, nursery grown, free from insects and
disease, will be hardy and thrive in the area and be true to species
and variety. Stripping trees from a lot or filling around trees on
a lot shall not be permitted unless it can be shown that grading requirements
necessitate removal of trees, in which case those lots shall be replanted
with trees to reestablish the tone of the area and to conform with
adjacent lots. Dead or dying trees shall be replaced by the developer
during the next recommended planting season.
Bikeways shall be required at the approving authority's discretion
depending on the probable volume of bicycle traffic, the development's
location in relation to other populated areas, or its location with
respect to any overall bike route plan adopted by the Planning Board.
Bicycle traffic shall be separated from motor vehicle and pedestrian
traffic as much as possible. Bikeways shall generally not exceed a
grade of 3%, except for short distances, and they shall be a minimum
of five feet wide for one-way and eight feet wide for two-way travel.
Bikeways shall have a minimum four-inch base of gravel, crushed stone
or slag on the subgrade and a two-inch FABC-2 surface course. Where
separate bike paths intersect streets, the curbing shall be ramped
for bicycle access to the street grade. Bikeways designated for one-way
travel shall only be located along streets. Minimum width for bikeways
built in locations other than along streets is eight feet.
A.
Block length, width and acreage shall be sufficient to accommodate
the size lot required in that zoning district and to provide for convenient
access, circulation control, and traffic safety.
B.
Blocks over 1,000 feet long in residential areas shall be discouraged,
but where they are used, pedestrian crosswalks and/or bikeways between
lots may be required in locations deemed necessary by the approving
authority, and shall be at least eight feet wide and be straight from
street to street. Blocks over 1,500 feet in residential areas shall
be prohibited. For commercial and industrial uses, block lengths shall
be sufficient to meet area and yard requirements for such uses and
to provide proper street access and circulation patterns.
Concrete curb with gutter, or concrete curb, or Belgian Block
curb shall be installed along every street within the development
and at intersections with Township roads, county roads and state highways,
as directed. The standard curb section to be used shall not be more
than 10 feet in length, shall be set in accordance with approved lines
and grades, and radial curbs shall be formed in an arc segment, in
a smooth curve. Chord segments are prohibited. Concrete curbs shall
be six inches by 18 inches, using Class B concrete having a twenty-eight-day
compressive strength of 3,000 psi. At locations specified by the approving
authority, the curbing shall be designed to provide a ramp for bicycles
and/or wheelchairs.
A.
Easements along rear property lines or elsewhere for utility installation
may be required. Such easements shall be at least 25 feet wide for
one utility and five additional feet for each additional utility and
be located in consultation with the companies or Township departments
concerned and, to the fullest extent possible, be centered on or adjacent
to rear or side lot lines, unless the New Jersey Residential Site
Improvement Standard requires a different width and location.
B.
Floodplains, riparian, wetland, farmland, perimeter, stream corridor
and conservation easements shall be indicated on the preliminary and
final plats and shown in such a manner that their boundaries can be
accurately determined. All of these easements shall be labeled as
buffer and conservation easements dedicated to the Township of Howell.
These easements shall be identified by a monument or marker placed
every 75 feet along the boundaries of such easement.
C.
Structures, disturbance, storage of material, parking of vehicles
or the removal of trees and ground cover shall be prohibited in any
type of conservation easement or floodplain except for the following
purposes: the removal of dead and diseased trees; limited thinning
of trees and growth to encourage the most desirable growth; and the
removal of trees to allow for structures designed to impound water
or in areas to be flooded in the creation of ponds or lakes. Such
activities shall be permitted within the wetlands and wetland transition
areas only in accordance with the New Jersey Freshwater Wetlands Protection
Act.
D.
The boundary line of any easement shall be monumented at its intersection
with all existing or proposed street lines. Such easement dedication
shall be expressed on the plat as follows: "__________ easement dedicated
to the Township of Howell."
E.
Any type of conservation easement shall be posted with the appropriate
materials as determined by the Township Engineer. The markers shall
state "conservation easement" with the Howell logo. The markers may
be purchased from the Township or from an approved vendor. If purchased
from the Township, the fee for a concrete conservation easement survey
marker shall be $100. The markers shall be attached to four-inch-by-four-inch
posts made of concrete. The location of the markers shall be shown
on the plat. The marker shall be installed flush with the ground so
that it may be seen at all times. These markers must be installed
prior to receiving a certificate of occupancy.
F.
All deeds of easement and dedication must be deeded to the Township
of Howell in a format approved by the Township Engineer and Township
Attorney prior to the recording of any such deeds. All deeds approved
by the Township Engineer and Township Attorney shall be recorded simultaneously
with the appropriate map. All original recorded deeds must be returned
to the Township of Howell.
A.
Wherever a central water supply system services a development, provision
shall be made for fire hydrants along streets and/or on the walls
of nonresidential structures as approved by the Township Fire Department
or Municipal Engineer and in accordance with Fire Insurance Rating
Organization Standards.
B.
Where streams or ponds exist, or are proposed on lands to be developed,
facilities shall be provided to draft water for fire-fighting purposes.
This shall include access to a public street suitable for use by fire-fighting
equipment and construction of or improvements to ponds, dams, or similar
on-site or off-site development, where feasible. Such facilities shall
be constructed to the satisfaction of the Municipal Engineer and Fire
Department and in accordance with fire insurance rating organization
standards.
Any lake constructed to provide waterfront lots for a residential
development shall have a minimum area covered by water of at least
five acres and an average depth of water of not less than four feet
from May 1 to September 1 of each year.
Lot dimensions and area shall not be less than the requirements
of the zoning provisions. Insofar as is practical, side lot lines
shall be either at right angles or radial to street lines.
All public services shall be connected to an approved public
utilities system where one exists.
A.
The developer shall arrange with the servicing utility for the underground
installation of the utilities distribution supply lines and service
connections in accordance with the provisions of the applicable standard
terms and conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners.
B.
The developer shall submit to the approving authority, prior to the
granting of final approval, a written instrument from each serving
utility which shall evidence full compliance or intended full compliance
with the provisions of this section; provided, however, that lots
which abut existing streets where overhead electric or telephone distribution
supply lines and service connections have heretofore been installed
may be supplied with electric and telephone service from those overhead
lines but the service connections from the utilities, overhead lines
shall be installed underground. In the case of existing overhead utilities,
shall a road widening, or an extension of service, or other such condition
occur as a result of the development and necessitate the replacement,
relocation or extension of such utilities, such replacement, relocation
or extension shall be underground.
C.
Where natural foliage is not sufficient to provide year-round screening
of any utility apparatus appearing above the surface of the ground,
other than utility poles, the applicant shall provide sufficient live
screening to conceal such apparatus year round.
D.
On any lot where by reason of soil conditions, rock formations, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this section, the developer may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 188-137, Exceptions. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.
E.
Any installation under this section to be performed by a servicing
utility shall be exempt from requiring performance guarantees, but
shall be subject to inspection and certification by the Municipal
Engineer.
[Amended 5-21-2019 by Ord. No. O-19-29]
A.
Sidewalks shall be constructed on both sides of all proposed streets,
along the entire frontage of the subject property, and in other selected
locations determined by the Board to be in the interest of public
safety and proper pedestrian circulation. Sidewalks shall be at least
four feet wide and four inches thick, except at points of vehicular
crossing, where they shall be at least six inches thick with welded
wire fabric reinforcement. The sidewalk subgrade shall be a minimum
of six inches thick of compacted porous material approved by the Township
Engineer prior to placement of any concrete. Where sidewalks abut
the curb and cars overhang the sidewalk, widths shall be six feet.
Provide one-half-inch-wide preformed bituminous expansion joints at
intervals not exceeding 20 feet. Contraction joints shall be cut into
the concrete sidewalk between the expansion joints at every four feet.
All concrete shall be air-entrained, having a twenty-eight-day compressive
strength of 4,500 psi.
B.
The Township Planning Board and Zoning Board of Adjustment may grant
a waiver from the required installation of sidewalks in appropriate
cases if the waiver is reasonable and proper as related to a particular
development and the absence of sidewalks does not violate the safety,
health and welfare of present or future residents. Said waiver may
be granted at the request of the developer or on the reviewing agency's
own initiative. In addition to the foregoing, both the Planning Board
and Zoning Board shall be guided in their decision big any applicable
laws and regulations. This provision shall be administered strictly,
and if the applicant fails to dispel all negative aspects of applicant's
alternate proposal raised by the Planning Board, Zoning Board or any
of its consultants or other agencies of the Township, the waiver shall
be denied.
[Amended 7-14-2020 by Ord. No. O-20-13]
C.
Upon the granting of such a waiver, the developer shall be required
to pay to the Township of Howell an amount equal to the reasonable
cost of installing sidewalks, said amount to be determined at a rate
of $7 per square foot. Minor subdivision applications shall be exempt
from this requirement. All funds collected by the Township of Howell
from developers as set forth above shall be maintained in a Sidewalk
Trust Fund account which is hereby authorized and created, the proceeds
of which shall be made available to install sidewalks throughout the
Township of Howell where properly authorized by the Mayor and Council.
[Amended 7-14-2020 by Ord. No. O-20-13; 9-14-2021 by Ord. No. O-21-27]
D.
Nothing contained herein shall affect the right of the Township of
Howell to enact ordinances requiring assessments for sidewalks from
property owners as authorized under N.J.S.A. 40:65-2 or other statutory
rights granted to municipalities. In the case of residential sidewalks,
nothing in this section shall grant relief from, or preempt the Residential
Site Improvement Standards as required by law.
[Added 9-14-2021 by Ord. No. O-21-27]
[1]
Editor's Note: Former § 188-135, Alternates to curbs
and sidewalks in major subdivisions, was repealed 5-21-2019 by Ord.
No. O-19-29.
Regulation of the development of land and the attachment of
reasonable conditions to development applications is an exercise of
valid police power delegated by the state to this municipality. The
applicant has the duty of compliance with reasonable conditions laid
down by the approving authority for design, dedication, improvements,
and the use of the land so as to conform to the physical and economical
development of the municipality and to the safety and general welfare
of the future residents and/or owners in the development and in the
community at large. Where County Planning Board review or approval
is required on a subdivision, the approving authority shall condition
any approval it grants upon either timely receipt of a favorable report
by the County Planning Board or approval of the County Planning Board
due to its failure to submit a report within the required time period.
If the county's report is negative or attaches conditions, the original
action by the municipal approving authority shall be null and void
and new resolution shall be adopted which considers the County Planning
Board's report.
A.
The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the design standards of Article XIV of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with a review
for subdivision approval without the developer being required to make
further hearings. The longest time period for action by the approving
authority, whether it be for subdivision, conditional use or site
plan approval, shall apply. Whenever approval of a conditional use
is requested by the developer in conjunction with a site plan or subdivision,
notice of the hearing on the plat shall include reference to the request
for such conditional use.
A.
Design of buildings. No building or other structure shall hereinafter
be erected, constructed, placed, altered, or enlarged in any residence
in any residential zone which shall be substantially similar in appearance
to any neighboring residential unit, as hereinafter defined, then
in existence for which a building permit has been duly issued and
remains valid, unless such building shall vary in a reasonably substantial
manner. In determining whether a building varies in a substantially
reasonable manner a unit must either be of a different model type
than a neighboring residential unit (e.g., colonial vs. ranch vs.
contemporary, etc.) or be different in at least three of the following
criteria:
(1)
Orientation of house on lot (e.g., garage location);
(2)
Garage entry (e.g., front, side or rear entry);
(3)
Type of fenestration (e.g., double hung vs. casement vs. circle top,
etc.);
(4)
Number of windows and location of windows and doors on street elevation;
(5)
Roofline design (e.g., hip, dutch, gable, gambrel, mansard, etc.);
(6)
Roof pitch (provided there is at least a three-foot or greater difference
in the rise over the run of the roofline);
(7)
Substantial change of floor plan which alters street elevation (e.g.,
larger capacity garage, one- vs. two- vs. three-car, additional bedrooms,
additional family room or den, etc.);
(8)
Facade treatments (e.g., brick vs. stone vs. aluminum/vinyl, etc.);
(9)
Landings, porches or other prominent ornamentation on street facade;
or
(10)
Color of street facade.
B.
Neighboring residential unit defined. In relation to the premises
with respect to which a building or structure is sought to be erected,
constructed, placed, altered, or enlarged, a building or structure
shall be deemed to be a neighboring residential dwelling unit, building
or structure if the lot or lots upon which it or any part of it has
been or will be located is one of the following:
(1)
Any building lot facing the same side of the street upon which the
building or structure to be located on said premises will front, which
is either the first or second lot next along the street in either
direction from said premises, except with regard to intervening street
which would be considered as if it were a separate lot.
(2)
The two closest building lots which are across and facing the street
upon which said premises will front.
C.
Submission of floor plans required. Prior to the issuance of a building
permit, the Director of Land Use shall require the applicant to submit
floor plans and elevations, including descriptions of materials to
be used thereon, drawn to a scale of 1/4 inch equals one foot for
review and approval. All reviews for compliance with this section
shall occur within the time period prescribed in statutes authorizing
and providing for the approval of building permits, including but
not limited to the Uniform Construction Code.[1]
[Amended 8-15-2016 by Ord. No. O-16-15]
