Howell Township City Zoning Code
ARTICLE XVII
Administrative Procedures
§ 188-163 Development permit.
A development permit shall hereafter be secured from the administrative officer prior to the issuance of a property use permit and building permit for the construction, erection or alteration of any structure, building or land. A development permit is required of all applicants requesting approval of subdivisions and site plans.
A.
Application for a development permit shall be made to the administrative officer on such forms as shall be devised by such officer. In addition, the administrative officer may require such further information and submittals as necessary in order to determine the nature and extent of the development proposal. A fee as set forth in Chapter 139, Fees, shall accompany each application or reapplication for a development permit. A fee as set forth in Chapter 139, Fees, shall accompany each application for an individual developer’s permit for the review of individual plot plans for a residential dwelling which the Township does not have a development escrow account.[1]
B.
Prior to the issuance of a development permit, the administrative office shall determine that either:
(1)
Based upon the submissions of the applicant, the development proposal complies with all provisions of the Howell Township Municipal Land Use Law in which case the development permit shall issue; or
(2)
Based upon the submissions of the applicant, the application must be made to one or more municipal agencies in which case the administrative officer shall:
(a)
Refer the applicant to the appropriate agency(ies); and
(b)
Upon conclusion of the municipal agency action, if favorable to the applicant, determine that all outstanding conditions of such municipal agency's approval have been complied with fully by the applicant, i.e. revisions made to maps, bonds posted, taxes and assessments paid, any deed restrictions to the property revealed in plain English in writing, underlined and in 14 font print size to all prospective purchasers when viewing lots available for purchase. Further the applicant-seller of approved lots will provide in his/her offering statement sales brochures, and contracts of sale, notice to prospective purchasers of all other agency requirements applicable from the Department of Transportation, Soil Conservation Service, Monmouth County Planning Board, Howell Township Municipal Utilities Authority, etc., and such other governmental approvals and fees due as obtained on the property. In the event that an applicant does not comply with either Subsection B(1) or (2) above, or has been denied approval by a municipal agency, the administrative officer shall refuse to issue a development permit and shall notify to the applicant in writing of such decision and the reasons therefor. In making a determination hereunder, the administrative officer may consult with and seek the opinion of the Township Attorney, Township Engineer and such other professionals and officers of the municipality as deemed necessary.
(c)
In the event that after the issuance of a development permit, the administrative officer should determine that such issuance was in error by reason of false or misleading statements or information submitted by the applicant or the applicant’s agent or by reason of the failure of the applicant to fully disclose the nature and extent of the development proposal, the development permit may be revoked which shall have the effect of causing a revocation of all other permits and certificates issued for which the development permit was a prerequisite. Any such revocation shall be in writing setting forth fully the reasons therefor and shall be either personally delivered to the applicant or applicant's agent or mailed to the address set forth on the application.
(d)
Prior to the issuance of a building permit for construction, erection or alteration of any structure or building where connection to a public sanitary sewer is required under the ordinances of the Township of Howell, or as a condition of Planning Board or Board of Adjustment approval, or under the Rules and Regulations Governing the Construction of Sanitary Sewers in Residential and Nonresidential Developments in the Township of Howell, Monmouth County, New Jersey, dated June 1992, the applicant for the building permit shall produce to the Township officer charged with issuance of the building permit a receipt from the Manasquan River Regional Sewerage Authority verifying payment of the required connection fee of said Authority.
C.
Signage.
[Added 11-12-2014 by Ord. No. O-14-36]
(1)
Upon approval of a major site plan or preliminary or final major subdivision and upon issuance of the initial permit, the applicant shall construct one or two, as the case may be, temporary signs in conjunction with the major site plan or preliminary or final major subdivision of land, which has been approved by the Howell Township Planning Board or Zoning Board, that shall not exceed 50 square feet in area and provided that such temporary sign shall be permitted only until 3/4 of the lots in the subdivision have been sold or two years from the date of the issuance of the first building permit for a residence within said subdivision, whichever occurs first or until such time as a permanent sign is erected at the location of the major site plan and shall be removed prior to issuance of the certificate of occupancy. Any such sign shall not be closer to any property line than 20 feet, and shall not be greater than eight feet in height.
(2)
While on site, the signs shall state in clear letters the name of the development, the name and contact information for the developer or site supervisor, number of houses being built or description of rental units being constructed and type of commercial development being constructed, and the hours of operation for construction.
(3)
Approval of signage must be obtained from the Director of Land Use prior to installation of the temporary signs.
§ 188-164 Certificate of occupancy.
It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, located, erected, changed, converted or enlarged wholly or partly, until a certificate of occupancy has been issued for the premises by the Construction Official certifying that the structure or the part thereof to be occupied complies with the provisions of the Building Code. No certificate of occupancy shall be issued by the Construction Official until it has been endorsed by the Zoning Officer certifying that the building or use complies with the provisions of the Zoning Ordinance and any conditions imposed by the Board of Adjustment, Planning Board or Township Council. Such occupancy permits shall be granted or denied within 10 days from the date that a written application is filed with the Zoning Officer.
§ 188-165 Temporary use permits.
A.
It is recognized that it may be advantageous to the general health, safety, morals or convenience of the Township to permit, as temporary activities for a limited time only, the establishment of uses within any zones established by this chapter, which uses may be prohibited by other provisions of this chapter. Such cases may be of such nature or so located under conditions existing at the time of petition or their establishment that they will:
B.
Under the foregoing conditions, pursuant to Articles II through VII, the Board of Adjustment may recommend to the Township Council that a temporary use permit be issued for a period not to exceed two years, such period to be extended not more than once for an additional period of two years upon finding by the Township Council that such peculiar conditions exist or that the welfare of the community will be served by the issuance of such permit.
§ 188-166 Emergency access.
A.
Access (developmental access). It is recognized that police, fire department, first aid, engineering, code and inspection vehicles have a need for access to all areas in the Township.
B.
Improvements. All construction requiring creation of a street, driveway, avenue, boulevard, road, lane, parkway, viaduct, or other way which would allow ingress and egress from the property shall be installed with at least a constructed and inspected bituminous stabilized base course. In the case of a single-family dwelling or commercial structure, a hot mix asphalt base driveway capable of supporting emergency vehicles shall be installed from an established roadway to the proposed dwelling or commercial structure in accordance with the latest New Jersey adopted edition of the International Fire Code.
[Amended 11-14-2016 by Ord. No. O-16-22]
C.
Permits and enforcement. These ingress and egress accesses shall be considered as a prior approval, and no permit for the construction of a structure shall be issued until such time as these improvements shall be installed and inspected.