Holmdel City Zoning Code
ARTICLE III
Development Review Procedures; Plat Details
§ 30-30 CONDITIONAL APPROVAL.
[1976 Code § 78-24; Ord. No. 3-82]
The applicant shall comply with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report from the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is timely and is negative or attaches mandatory conditions, the original conditional approval by the municipal approving authority shall be void, and the application shall be denied, and a new resolution shall be adopted which considers the County Planning Board's report.
§ 30-31 GRANT OF EXCEPTIONS FROM SUBDIVISION AND SITE PLAN REQUIREMENTS.
[1976 Code § 78-25; Ord. No. 3-82; Ord. No. 84-7]
The approving authority, when acting upon applications, shall have the power to grant such exceptions from the subdivision and site plan requirements of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan 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.
The approving authority, when acting upon an application which includes provisions for lower income housing, may waive those portions of the design standards that do not create health and safety concerns for the Township or for the future residents of a development, provided such exemption from these standards will reduce construction costs so that the savings therefrom shall be passed on to the buyers and renters of lower income housing in the form of reduced housing costs.
§ 30-32 EXEMPTIONS.
[1976 Code § 78-26; Ord. No. 3-82]
The approving authority may waive required notices and hearings for minor and exempt subdivisions and site plans, except where a variance or conditional use is part of the application. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are five acres or larger in size, divisions by testamentary or intestate provisions, divisions of property by court order and conveyances so as to combine existing lots by deeds or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, a court of competent jurisdiction or administrative officer, as appropriate, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required. Until exempted from the site plan regulations by the approving authority, no alterations or improvements shall be made nor permits issued.
§ 30-33 SIMULTANEOUS REVIEW AND APPROVAL.
[1976 Code § 78-27; Ord. No. 3-82]
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest time period for action by the approving authority, whether it is 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. See Section 30-10, Conditional Use Approval.
§ 30-34 SITE PLAN APPROVAL REQUIRED.
[1976 Code § 78-28; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 84-7]
A site plan approval is required for all residential and nonresidential developments which do not meet the definition of "site plan exempt" in Section 30-3. All site plans shall adhere to the design and zoning provisions of this chapter and shall provide performance and maintenance guarantees for the improvements as outlined in Section 30-13.
§ 30-35 USE VARIANCE APPLICATIONS WHERE APPLICANT IS SEEKING SIMULTANEOUS REVIEW AND APPROVAL.
[1976 Code § 78-29; Ord. No. 3-82]
Where an applicant is seeking simultaneous subdivision and/or site plan review and approval as part of a use variance, all applications shall be accompanied by plats plus other supporting documents as required for subdivision and site plan approval. (See also Section 30-22.)
§ 30-36 INFORMAL PLAT FOR MINOR AND MAJOR DEVELOPMENTS.
[1976 Code § 78-30; Ord. No. 3-82; Ord. No. 85-12]
a.
An informal review of a concept plan is optional. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for development for which the developer intends to prepare and submit an application for development. No decisions will be made, no hearings held and no formal action taken. Neither the developer nor the approving authority shall be bound by this informal review.
b.
Filing Procedure. The developer shall file with the administrative officer, at least seven calendar days prior to the workshop meeting at which it will be discussed, three copies of the informal plat which shall include topography of the property in question.
c.
Action by the Approving Authority.
1.
The approving authority shall classify the application as a minor or major development within 45 days of the date of submission or such further time as may be consented to by the applicant. If classified as a minor or exempt subdivision or a minor or exempt site plan, no public hearing need be required except if a variance or conditional use is part of the application. If the approving authority requires any changes prior to resubmitting the plat as a preliminary or final plat, such changes and/or conditions shall be in writing and shall be sent to the applicant.
2.
If the approving authority determines the development may, directly or indirectly, create an adverse effect on either the property being developed or nearby property, the approving authority may require the developer to revise the plat.
§ 30-37 (RESERVED)
[Prior § 30-37, Preliminary Plat For Major Developments, including subsections 30-37.1 and 30-37.2, was repealed 6-11-2024 by Ord. No. 2024-13. History includes 1976 Code § 78-31; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 21-82; Ord. No. 85-12; Ord. No. 92-6.]
§ 30-38 (RESERVED)
[Prior § 30-38, Final Plat for Major Developments, including subsections 30-38.1 and 30-38.2, was repealed 6-11-2024 by Ord. No. 2024-13. History includes 1976 Code § 78-32; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 13-83; Ord. No. 84-83; Ord. No. 85-12; Ord. No. 2004-12.]
§ 30-39 (RESERVED)
[Prior § 30-39, General Development Plans, was repealed 6-11-2024 by Ord. No. 2024-13. History includes Ord. No. 98-30.]
§ 30-42 (RESERVED)
[Prior § 30-42, Minor Subdivision/Site Plan Developments, including subsections 30-42.1 and 30-42.2, was repealed 6-11-2024 by Ord. No. 2024-13. History includes 1976 Code § 78-32.1; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 92-6.]
§ 30-43 (RESERVED)
[Prior § 30-43, Subdivision Plat Design Standards, including subsections 30-43.1 through 30-43.4, was repealed 6-11-2024 by Ord. No. 2024-13. History includes 1976 Code § 78-33; 1976 Code § 78-33; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 12-83; Ord. No. 84-7; Ord. No. 85-12; Ord. No. 90-16; Ord. No. 91-15.]
§ 30-44 (RESERVED)
[Prior § 30-44, Site Plan Design Standards, including subsections 30-44.1 through 30-44.4, was repealed 6-11-2024 by Ord. No. 2024-13. History includes 1976 Code § 78-34; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 84-7; Ord. No. 90-16; Ord. No. 91-15]
§ 30-45 RECYCLABLE MATERIALS STORAGE.
[1976 Code § 78-34.1; Ord. No. 3-82; Ord. No. 89-30]
a.
Materials designed in the Township of Holmdel Recycling Ordinance 87-6[1] shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
1.
For all applications for single-family units, the applicant shall provide a storage area of at least 48 cubic feet within each dwelling unit to accommodate a four week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.
2.
For all applications for multi-family units, the applicant shall provide a storage area of at least 24 cubic feet within each dwelling unit to accommodate a two week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
3.
For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one to four weeks accumulation of recyclable material. The Municipal Agency may require the location of one or more common storage areas at convenient locations within the development.
§ 30-46 (RESERVED) [1]
[1]
Editor's Note: Former Section 30-46, Site Plan Application Requirements for the Installation of Wireless Telecommunications Towers, previously codified herein and containing portions of Ordinance No. 98-11 was repealed in its entirety by Ordinance No. 2002-17.