Holmdel City Zoning Code
ARTICLE II
Administrative Provisions
§ 30-4 CONSTRUAL OF PROVISIONS.
[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.
§ 30-5 AMENDMENTS.
[1976 Code § 78-5; Ord. No. 3-82]
All provisions of this chapter may be amended in accordance with applicable laws.
§ 30-6 (RESERVED) [1]
[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codified herein and containing portions of 1976 Code § 78-6 and Ordinance Nos. 3-82, 85-12, 90-40 and 91-1, was repealed in its entirety by Ordinance No. 2013-13.
§ 30-7.1 Establishment; Composition.
[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.
§ 30-7.2 Board of Adjustment Authority.
[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.
§ 30-7.3 Appeals and Applications.
[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.
§ 30-7.4 Power to Reverse or Modify Decisions.
[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.
§ 30-7.5 Time for Decision.
[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.
§ 30-7.6 Expiration of Variance.
[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.
§ 30-7.7 Additional Provisions.
[1976 Code § 78-7; Ord. No. 3-82]
See Section 30-19.
§ 30-7.8 Live Streaming of Public Meetings
[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.
§ 30-8 PROCEDURES FOR COMPLETE APPLICATION.
[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; amended 6-11-2024 by Ord. No. 2024-13]
a.
An application for development other than a single-family residential property shall be submitted to the administrative officer by utilizing and completing the "Development Application Completeness Checklist." A copy of the checklist is included as an attachment to this chapter as Attachment 1A to Chapter 30, Development Regulations.
b.
An application for development of a single-family residential property shall be submitted to the administrative officer by utilizing and completing the "Development Completeness Checklist for Single-Family Residential Properties." A copy of the checklist is included as an attachment to this chapter as Attachment 1B to Chapter 30, Development Regulations.
c.
No application for development shall be deemed a complete application unless the items, information and documentation listed in the applicable checklist are submitted to the administrative officer. If any required item is not submitted, the applicant must request in writing a waiver and state the reasons supporting each such request.
d.
The administrative officer shall review the application and determine if it is complete. If the application is not complete, or a waiver is not granted, the administrative officer shall notify the applicant, in writing, within 45 days of the submission of the application.
e.
In the event that the administrative officer does not certify the application to be complete within 45 days of the date of its submission, and the municipal agency has not notified the applicant in writing pursuant to paragraph d within the same timeframe, the application shall be deemed complete.
f.
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.
§ 30-9 COMPLIANCE REQUIRED.
[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.
§ 30-10 (RESERVED) [1]
[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.
§ 30-11 ENFORCING OFFICERS.
[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.
§ 30-12 FEES AND ESCROW DEPOSITS.
[Amended in entirety 6-11-2024 by Ord. No. 2024-12. History includes 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. 91-23; Ord. No. 94-29; Ord. No. 94-37; Ord. No. 95-26; Ord. No. 97-3; Ord. No. 98-11; Ord. No. 2012-15; and Ord. No. 2013-13.]
§ 30-12.1 Due at Time of Filing.
[Amended 6-11-2024 by Ord. No. 2024-12]
The developer shall, at the time of filing a submission, pay to the Township the following fees, escrow deposits, and/or other charges set forth in this chapter. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay fees and escrow deposits equaling the total for each component.
§ 30-12.2 Professional Review.
[Amended 6-11-2024 by Ord. No. 2024-12]
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. In accordance with N.J.S.A. 40:55D-53.2, 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.
§ 30-12.3 Other Fee Requirements.
§ 30-12.4 Fee and Escrow Amounts.
[Amended 6-11-2024 by Ord. No. 2024-12]
Application fees and escrow deposits for applications for development or other services shall be as follows:
a.
Informal review of developer's concept plan (subdivision or site plan) by Planning Board, pursuant to Section 30-36 of the Township Development Regulations and N.J.S.A. 40:55D-10.1:
b.
Developer Requested Advance Informal Technical Review.
1.
Fees. 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 and upon submission of a $250 fee.
2.
Escrow Deposits. Prior to the conduct of any such review, the appropriate technical review escrow shall paid to the Township as set forth below:
c.
Subdivision.
d.
Site Plan.
1.
Fees for minor site plan or preliminary major site plan.
3.
Fees and escrow for final site plan shall be one-half of that required for the preliminary site plan. If the preliminary and final site plans are filed simultaneously, the total fees and escrow shall be the sum of the total for the preliminary and final site plan.
4.
Exempt site plan or waiver of site plan approval: $500 fee; $1,000 escrow.
5.
Extension of time for site plan: $500 fee; $1,000 escrow.
e.
Variances and Other Appeals.
1.
Conditional use permit (N.J.S.A. 40:55D-67): $500 fee.
2.
Appeal of Administrative Officer's decision (N.J.S.A. 40:55D-70a): $250 fee; $1,000 escrow.
3.
Interpretation of Zoning Map or Ordinance (N.J.S.A. 40:55D-70b): $250 fee; $1,000 escrow.
6.
Appeal to permit building or structure in conflict with Official Map (N.J.S.A. 40:55D-34) or to permit building or structure on lot that does not abut a street (N.J.S.A. 40:55D-36): $250 fee; $1,000 escrow.
7.
Certificate of Nonconformity (N.J.S.A. 40:55D-68): $250 fee; $2,000 escrow.
f.
Application fees and escrows for wireless telecommunications installations shall be paid in addition to all applicable fees enumerated in the above sections:
Application Fee | Escrow | |
|---|---|---|
If no new tower | $400 | $2,000 |
If a new tower is proposed | $1,000 | $5,000 |
g.
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 $50 for each decision to be rendered to defray the cost of publishing the decision(s) if requested by applicant. Once any application is disapproved, a new submission must include a new decision fee.
h.
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.)
i.
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.
j.
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 for each list.
§ 30-12.5 Administration of Technical Review Deposits (Escrow).
[Amended 6-11-2024 by Ord. No. 2024-12]
a.
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 in subsection 30-12.4. 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:
1.
The presence or absence of public water and/or sewer servicing site.
2.
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
3.
Traffic impact of the proposed development.
4.
Impact of the proposed development on existing aquifer and/or water quality.
5.
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. |
b.
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.
c.
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 d below, are incorporated by reference herein.
d.
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.
e.
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.
§ 30-13.1 Guarantees.
[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.
§ 30-13.2 Developer's Agreements.
[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.
§ 30-13.3 Inspection Fees.
[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.
§ 30-13.4 Inspection by Municipal Engineer.
[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.
§ 30-13.5 Utility Installations.
[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.
§ 30-13.6 Occupancy Permits.
[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.
§ 30-13.7 (Reserved) [1]
[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.
§ 30-13.8 Approval.
[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.
§ 30-13.9 (Reserved) [1]
[1]
Editor's Note: Former § 30-13.9, Rejection of Required Improvements, as amended, was repealed 11-10-2020 by Ord. No. 2020-24.
§ 30-13.10 (Reserved) [1]
[1]
Editor's Note: Former § 30-13.10, Maintenance Guaranty, as amended, was repealed 11-10-2020 by Ord. No. 2020-24.
§ 30-13.11 Recording Fees.
[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.
§ 30-13.12 (Reserved) [1]
[1]
Editor's Note: Former § 30-13.12, Detention/Retention Basin Maintenance Fee, was repealed 11-10-2020 by Ord. No. 2020-24.
§ 30-14 REPEALER.
[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.
§ 30-15 INSPECTIONS.
[1976 Code § 78-15; Ord. No. 3-82]
See Section 30-13, Guaranties and Inspections.
§ 30-16.1 Noncompliance; Flood Hazard Area.
[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.
§ 30-16.2 Zoning 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.
§ 30-16.3 Building Permit.
§ 30-16.4 Temporary Certificate of Occupancy.
[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.
§ 30-16.5 New Lots or Buildings; Change of Use and/or Tenancy.
[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.
§ 30-16.6 Fees.
[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.
§ 30-16.7 Overdue or Delinquent Taxes.
[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.
§ 30-16.8 Compliance.
[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.
§ 30-16.9 Additional Regulations.
[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.
§ 30-16.10 Moving of Building on Public Streets.
[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.
§ 30-18.1 Established; Membership.
[1976 Code § 78-17; Ord. No. 3-82; Ord. No. 20-82; amended 2-13-2024 by Ord. No. 2024-02]
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 four 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 four 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.
e.
Alternates: Four alternate members, to be appointed by the Mayor, who shall meet the qualifications of Class IV members of the Planning Board, and shall serve in accordance with the provisions of N.J.S.A. 40:55D-23.1.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 30-18.2 Terms.
[1976 Code § 78-17; Ord. No. 3-82; amended 2-13-2024 by Ord. No. 2024-02]
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," "Alternate No. 2," "Alternate No. 3," and "Alternate No. 4" as appropriate. The term of not more than two alternate members shall expire in any one year, and in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.[1]
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.
[1]
Editor's Note: Ord. No. 2024-02, adopted 2-13-2024, contains provisions for the implementation of adding two additional alternate members to the Planning Board membership.
§ 30-18.3 Vacancies.
[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.
§ 30-18.4 Powers and Duties.
[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.
§ 30-18.5 Applications.
[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.
§ 30-18.6 Referrals.
[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.
§ 30-18.7 Live Streaming of Public Meetings.
[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.
§ 30-19.1 Organization of Board.
[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.
§ 30-19.2 Attorney.
[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.
§ 30-19.3 Experts and Staff.
[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.
§ 30-19.4 Rules and Regulations.
[1976 Code § 78-18; Ord. No. 3-82]
Each Board shall adopt such rules and regulations necessary to carry out their duties.
§ 30-19.5 Conflicts of Interest.
[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.
§ 30-19.6 Meetings.
[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.
§ 30-19.7 Minutes.
[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.
§ 30-19.8 Hearings.
[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.
§ 30-20 PUBLIC HEARINGS.
[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.
§ 30-21 EFFECT ON PENDING PROCEEDINGS.
§ 30-22 USE VARIANCE APPLICATIONS.
[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.
§ 30-29 VIOLATIONS AND PENALTIES.
[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.