Howell Township City Zoning Code
ARTICLE XIII
Standards and Procedures for Subdivision of Land
§ 188-112 Informal discussion with Planning Board.
The Planning Board will be available at any regularly scheduled meeting for informal discussion with any person who wishes to subdivide land.
§ 188-113 Minor subdivision.
A.
Any applicant shall, prior to subdividing or resubdividing land, as defined in this chapter, submit a complete package as documented on the Application Checklist. All items listed under Section 1 — Administrative Completeness Requirements, of the Application Checklist must be submitted or the package will be deemed incomplete. The checklist is attached in this chapter.[1]
[Amended 8-20-2013 by Ord. No. O-13-23]
[1]
Editor's Note: This checklist is included as an attachment to this chapter.
B.
The approving authority or its designee shall review the submission for its completeness and, if found to be incomplete, shall notify the applicant in writing of the deficiencies therein within 45 days of the date of submission of such application or it shall be deemed to be properly submitted. If complete, the approving authority shall classify the application as a minor subdivision and shall approve, approve with conditions or deny the application within 45 days of the date of submission of the complete application to the administrative officer or at such further time as may be consented to by the applicant.
C.
Whenever review or approval of the application by the County Planning Board is required but not yet received, the municipal approving authority in taking action shall grant conditional approval in accordance with § 188-136 in this chapter.
D.
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval, including any conditions imposed by the approving authority, and in conformity with the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),[2] or a deed clearly describing the approved minor subdivision is filed by the applicant with the county recording officer, the Municipal Engineer and the Township Tax Assessor. Any such plat accepted for filing shall have been signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively).
[2]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed by L.2011, c. 217, § 2, effective 5-1-2012.
E.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded.
F.
When the approving authority determines that any proposed development may create, either directly or indirectly, an adverse effect on either the remainder of the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where the remaining portion of the original tract is of sufficient size to be developed or subdivided further, the developer may be required to submit a sketch plat of the entire remaining portion of the tract to indicate a feasible plan whereby the design of the proposed development together with subsequent subdivisions or development will not create, impose, aggravate, or lead to any such adverse effect(s).
G.
Upon receipt of minor subdivision approval, the applicant shall be required to post with the Township Clerk an amount equal to the estimated cost of revising the Municipal Tax Map to reflect such approval as set forth in Chapter 139, Fees. No construction permit shall be issued in connection with such subdivision approval unless such costs shall have been posted with the Township Clerk in accordance with this section. The amount posted by the applicant shall be placed by the Township in an escrow account, and that portion of the estimated cost which remains unused after the Tax Map has been revised shall be refunded to the applicant. As to every minor subdivision approved, it shall be the responsibility of the applicant to provide a reduced-scale map of the subdivision to the same scale as the Township Tax Map.[3]
§ 188-114 Submission of preliminary plat of major subdivision for approval.
A.
The preliminary plat shall be prepared in accordance with the requirements listed on the Application Checklist.[1] Failure to comply with the checklist may be reason for the application to be rejected. If the applicant requires a waiver from an item, he or she must provide a written description and explanation as to why the waiver should be granted.
[Amended 8-20-2013 by Ord. No. O-13-23]
[1]
Editor's Note: This checklist is included as an attachment to this chapter.
C.
Copies of the preliminary plat shall be forwarded by the administrative secretary of the approving authority prior to the hearing to the following persons and agencies:
D.
If the preliminary plat is found to be incomplete, the applicant shall be notified in writing of the deficiencies therein by the Board or the Board’s designee for the determination of completeness within 45 days of submission of such application or it shall be deemed to be properly submitted.
E.
If the approving authority acts favorably on a preliminary plat, notation to that effect, signed by the Chairman and Secretary of the approving authority, shall be made on the plat, and the plat shall be returned to the subdivider for compliance with final approval requirements.
F.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
G.
In the case of a subdivision of 150 acres or more, the approving authority may grant the rights referred to in the above subsection for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units permissible under final approval, the number of dwelling units remaining to be developed, economic conditions and the comprehensiveness of the development.
H.
The granting of preliminary plat approval shall not confer on the applicant any rights to construct improvements prior to final approval.
I.
A completed checklist in a form as adopted by the Township shall be submitted.[2]
[2]
Editor's Note: The checklist is included as an attachment to this chapter.
§ 188-115 Submission of final plat.
[Amended 12-16-2003 by Ord. No. O-3-43; 8-20-2013 by Ord. No. O-13-23]
A.
Within three years of securing preliminary approval, the developer shall file with the administrative officer a complete application package as documented on the Application Checklist. All items listed under Section 1 — Administrative Completeness Requirements, of the Application Checklist must be submitted or the package will be deemed incomplete. The checklist is attached in this chapter.[1] Failure to apply for final subdivision approval within three years of preliminary approval will cause said preliminary approval to be deemed void. The duration of final approval shall be as set forth in N.J.S.A. 40:55D-52.
[1]
Editor's Note: This checklist is included as an attachment to this chapter.
B.
The final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority, and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and stating who will construct the facility.
C.
The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation, that he has examined the drainage, erosion, stormwater control, and excavation plans and found that the interests of the Township and of nearby properties are fully protected, and that the subdivider has posted a performance guarantee in accordance with this chapter and the preliminary plat approval for all improvements.
D.
Final approval shall be granted or denied within 45 days after submission of a complete application for final approval to the administrative officer or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required. Whenever review or approval of the application by the County Planning Board is required, the approving authority shall condition any final approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
E.
The approving authority may, in appropriate instances and for good cause demonstrated by the applicant, condition its final approval of a site plan or major subdivision upon the subsequent submission of required performance and/or maintenance guarantees, developer's agreements and outside agency approvals.
F.
In the event that a development adjoins or includes existing Township streets that do not conform to the widths as shown on either the Master Plan or Official Map or the street width requirements as set forth in § 188-118E of this chapter, additional land along both sides of said streets, 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 land necessary to accommodate the widening shall 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 shown on the plat as dedicated for street widening purposes. If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated and dedicated. In the event that the developer determines to record the subdivision in the Monmouth County Clerk's office by way of a deed of subdivision rather than recording the approved plat, the developer shall provide for the dedication of lands for street widening purposes by way of an appropriate deed of easement to the Township. Any such deed of easement shall be subject to the review and approval of the Township Attorney and the Township Engineer. Any recording costs occasioned by such deed of easement shall be borne by the developer.
G.
A completed checklist in a form as adopted by the Township.[2]
[2]
Editor's Note: This checklist is included as an attachment to this chapter.
H.
Upon receipt of final subdivision approval, the applicant shall be required to post with the Township Clerk an amount equal to the estimated cost of revising the Municipal Tax Map to reflect such approval. No construction permit shall be issued in connection with such subdivision approval unless such cost shall have been posted with the Township Clerk in accordance with this section. The amount posted by the applicant shall be placed by the Township in an escrow account and that portion of the cost which remains unused after the Tax Map has been revised shall be refunded to the applicant. As to every major subdivision approved, it shall also be the responsibility of the applicant to provide a reduced-scale map of the subdivision to the same scale as the Township Tax Map. The amount required to be posted for final major subdivisions shall be as set forth in Chapter 139, Fees.[3]
§ 188-116 Plat details.
[Amended 7-13-2010 by Ord. No. O-10-16; 8-20-2013 by Ord. No. O-13-23]
No development application shall be accepted unless submitted in plat form, and no plat shall be accepted for consideration unless it conforms to the Application Checklist[1] as to form, content and accompanying information, and complies with the provisions of N.J.S.A. 46-23-1 et seq. (Map Filing Law),[2] as amended. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor except that plate submitted under the preliminary discussion provisions of § 188-101 and sketch plats of minor subdivisions and minor site plans are exempt from this requirement. All drawings of improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey. These plats shall contain a legend setting forth the names and addresses of all individuals or entities as set forth in § 188-105. The following shall also be provided:
A.
Soil percolation tests requirements.
(1)
Soil percolation tests shall be performed for all developments containing buildings that at the time of construction will not be connected to a public sewage disposal system.
(2)
Soil percolation tests shall be made in accordance with applicable state and local regulations and shall be performed in the presence of a member of the Monmouth County Board of Health; it shall be the applicant's responsibility to arrange said percolation test with the Monmouth County Board of Health.
(3)
Percolation tests shall be performed at the location or locations of the proposed on-site sanitary sewage disposal facility or facilities throughout the tract being developed.
(4)
The applicant shall submit a detailed report of the results of the tests at the time of minor subdivision or the preliminary application.
(5)
The results of the soil percolation tests shall be analyzed by the Planning Board considering the characteristics of the tract being developed and the general area surrounding the tract being developed, and the final location of all improvements on the tract shall be based on said analysis.
B.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to the Municipal Land Use Law,[3] whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the application by the granting of preliminary approval shall be terminated upon final approval.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
In the case of a subdivision of 150 acres or more, the approving authority may grant the rights referred to in the above subsection for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units permissible under final approval, the number of dwelling units remaining to be developed, economic conditions and the comprehensiveness of the development.
D.
The granting of preliminary plat approval shall not confer on the applicant any rights to construct improvements prior to final approval.
E.
Existing and proposed streams, lakes, ponds, and marsh areas accompanied by the following data:
(1)
When a running stream with a drainage area of 1/2 square mile or greater is proposed for alteration, improvement, or relocation, or when a structure or fill is proposed over, under, in or along such a running stream, evidence of approval, required alternations, lack of jurisdiction, or denial of the improvement by the New Jersey Division of Water Policy and Supply shall accompany the plat.
(2)
Cross sections and profiles of watercourses at an appropriate scale showing the extent of the flood fringe area, top of bank, normal water level and bottom elevations at the following locations:
(a)
All watercourses within or adjacent to the development and at any point where a watercourse crosses a boundary of the development (profile and cross sections).
(b)
At fifty-foot intervals for a distance of 500 feet upstream and downstream of any existing or proposed culvert or bridge within the development (cross section).
(c)
At a maximum of one-hundred-foot intervals, but at no less than two locations, along each watercourse which runs through or adjacent to the development (cross section).
(d)
When ditches, streams, brooks, or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation during construction as well as typical ditch sections and profiles shall be shown on the plat or accompany it.
(3)
The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development. For flowing streams, small-scale watershed maps developed from USGS sheets shall be submitted.
(4)
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in that portion of the development which drains to the structure.
(5)
The location and extent of all existing or proposed drainage and conservation easements and flood hazard area and floodway lines.
(6)
The location, extent and water level elevation of all existing or proposed lakes or ponds on or within 300 feet of the development.
(7)
Plans and computations for any storm drainage systems including the following:
(a)
All existing or proposed storm sewer lines within or on lands or roads adjacent to the development and for all required off-site and off-tract drainage improvements showing size, profile and slope of the lines, direction of flow, and the location of each catch basin, inlet, manhole, culvert, and headwall.
(b)
The location and extent of any proposed dry wells, groundwater recharge basins, detention basins, flood control devices, sedimentation basins or other water conservation devices.
F.
An itemization of all improvements to be made to the site as required in Article XV and such other improvements on site, off site and off tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials, sufficient to enable the Municipal Engineer to formulate a performance guarantee estimate.
G.
If the development is planned to be constructed in phases, the developer is required to submit a phasing plan to the Board.
H.
The following standardized plat symbols[4] are to be used on all plats that are submitted to the Planning Board, Board of Adjustment or Environmental Commission when depicting the following items which are required to be shown upon plats submitted to the aforementioned boards or commission:
(1)
A perennial stream shall be depicted upon the plat as a series of irregular lines periodically interrupted by a series of three dots.
(2)
An intermittent stream shall be depicted upon a plat by an irregular line periodically broken by a single dot.
(3)
A wetlands area shall be depicted upon the plat by using the standard symbol for a depression and placing inside the depression area the standard symbol for marsh or tree symbol or other standard symbol showing the type of growth located within the wetlands area.
(4)
The boundary of transition zones shall be depicted by using the standard depression symbol.
(5)
A ridgeline separating two different watersheds shall be depicted by an irregular, slightly wider line, broken at regular intervals by an "X."
(6)
A ridgeline that is contained entirely within the bounds of one watershed and constitutes a subbasin shall be depicted by an irregular line separated by smaller lines that are angled 90° off the main line.
(7)
If a fifth line is used to depict contour lines at ten-foot vertical intervals, the fifth line shall be darker and wider and will be determined to be an intermediate contour line.
[4]
Editor's Note: The drawings depicting these plat symbols are on file in the Township offices.
I.
Data standards.
(1)
This data standard has been established to manage both hardcopy (paper) and electronic data submittals required by the Township of Howell. These standards are part of the comprehensive Township initiative to best manage, inventory and utilize information. This subsection contains the submittal standards for planning application data. The data submittals will be divided into the following two categories: application documents and design documents. Within these groups data will be submitted in either paper copy or electronic copy as outlined in these standards.
(2)
The Township of Howell intends to move toward the elimination of paper copy documents and as such intends to eliminate paper processes, where appropriate, which are obsolete or redundant.
(3)
Standard electronic format for application documents.
(a)
File type. The required format is an archival standards compatible portable document format (PDF/A) file generated directly from document files. They should be compatible with the latest Adobe Acrobat version readers.
(b)
File naming. Application documents and report file names should be named utilizing a reasonable descriptive naming convention.
(c)
Font should be those commonly available such as Times New Roman or Arial. Other fonts may not readily open or print from all computers. Less common fonts that are used (for instance ESRI symbols) must be embedded to allow printing in all environments.
(d)
Security settings must be set so as to allow searching of text, printing at full resolution, adding comments (to facilitate electronic comment by reviewers, and for users to annotate their own copies if they wish), content copying and extraction (to facilitate preparation of management direction, and quoting of materials in other documents), making changes related to document assembly to allow users to rotate pages and create bookmarks and thumbnails to facilitate use of the document.
(e)
Resolution. Minimum resolution for scanned documents shall be in accordance with the New Jersey Division of Archives and Records Management (NJDARM) as per N.J.A.C. 15:3.4.
(f)
Cartography. Information on maps should be easily understood when reproduced in black and white. Sole reliance on color to convey information means maps cannot be faxed or usefully printed in black and white. Where color is necessary or useful, it should be combined with techniques like line coding and patterned fills to ensure all users can extract the information. This principle applies also to labels and other layers added to images.
(g)
Submissions must be on current accepted media.
(4)
CAD file standards.
(a)
Computer-aided design (CAD) is a tool used for producing design documentation and plan sets required for the planning application process. It can also provide a common medium of information exchange. In fact, the true power and potential of CAD is the ability to reuse and share the information contained within the CAD document. The key to realizing this potential is common organizing principles and standards for the production and dissemination of CAD information. The standard organization of files, layers and entities, as well as standardized software applications is essential for effective work and communication.
(b)
This subsection establishes performance standards for CAD data provided to the Township of Howell with the application package. The Township of Howell does not intend to influence the methods or means of practice of outside consultants. Consultants may use any CAD system to develop design documents as long as the delivered data conforms to the Township's CAD data standards.
(c)
Much of the CAD data created through the planning process will be utilized to update the Township tax maps and brought into the Township and/or county GIS parcel data system. Data received by the Township of Howell must follow these CAD data standards to be readily useful within that system.
(d)
Electronic CAD files for minor subdivisions, final site plans and final subdivisions shall be submitted in conformance with the standards listed below:
[1]
CAD drawings. Consultants shall deliver, at minimum, a CAD document in electronic format to the Township of Howell. The document(s) must include all supporting CAD data and must be delivered as follows:
[a]
In the native CAD format as read only.
[b]
In the CAD "dwg" file format.
[c]
Using the data structure defined by these standards.
[d]
No externally referenced data is permitted. All data referenced must be included in the file submitted.
[e]
File naming shall comply with the standards established for application documents.
[2]
Text and fonts. Utilize only industry-wide supported fonts, no custom fonts can be accepted. All fonts shall be provided with CAD file.
[3]
Layers. Specific layers shall be created and drawings organized in conformance with the most current naming convention developed by the New Jersey Digital Tax Map Task Force; see http://www.state.nj.us/treasury/taxation/lpt/digitaltaxmaps.shtml.
[4]
When possible, proposed lots, easements and rights-of-way shall be comprised of closed polygons.
[5]
Easement and parcel boundaries shall be coincident in the CAD file when coincident on ground.
[6]
All drawings shall be unrotated and created at 1 to 1 "full scale."
[7]
Coordinate reference. All submittals, paper and digital, shall be in NAD 83 (current) New Jersey State Plane Coordinates in U.S. Survey Feet and North American Vertical Datum 1988 (current) and in accordance with all other provisions of P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), the Map Filing Law.[5]
[5]
Editor's Note: N.J.S.A. 46:23-9.9 et seq. was repealed by L.2011, c. 217, § 2, effective 5-1-2012.
[8]
There shall be endorsed upon any map, plat or plan submitted to the Planning Board or Zoning Board a certification by the Township Engineer stating the following: "I have carefully examined this map and the required digital submissions and to the best of my knowledge and belief find it conforms with the provisions of the Township ordinances and requirements applicable thereto." There shall also be provided a line for the Township Engineer's signature and professional seal.
[1]
Editor's Note: This checklist is included as an attachment to this chapter.
[2]
Editor's Note: N.J.S.A. 46:23-1 to 46:23-9 were repealed by L. 1953, c. 358, p. 1941, § 7, effective 1-1-1954. N.J.S.A.