Howell Township City Zoning Code
ARTICLE II
Development Application Requirements
§ 188-5 Notice of applications.
A.
Except for applications for minor subdivisions or final approval of major subdivisions, public notice of a hearing on every application for development shall be given. The said notice shall be given by the applicant and shall state the date, time, and place of the hearing, the nature of the matter to be considered, and identification of the property proposed for development by street address, if any, or by reference to the lot and block numbers shown on the current tax duplicate in the Howell Township Tax Assessor’s office. The notice shall further state and the applicant shall assure that at least 10 days before the date of the hearing any maps and documents for which approval is sought are available for public inspection during normal business hours in the administrative office or by one of the deputy administrative officers as the case may be.
(1)
The required public notice described herein shall be given to the owners of all real property as shown on the current tax duplicate within 200 feet in all directions of the property which is the subject of the hearing. A list of all such property owners shall be prepared by the Land Use Officer from the current tax duplicate and shall be made and certified within seven days of written request of the applicant. The applicant shall pay the maximum amount permitted by N.J.S.A. 40:55D-12(c) as same is from time to time amended for the preparation of such list. Said sum is as set forth in Chapter 139, Fees.[1]
[Amended 3-16-2004 by Ord. No. O-04-04]
(2)
The required public notice described herein shall be given by publication in one of the official newspapers of the Township of Howell.
(3)
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality, except if such property is located in an ARE Zone, notice shall be required for property located within 500 feet of an adjoining municipality, shall be given by personal service or certified mail to the Clerk of such municipality. The administrative checklist used in connection with planning and zoning applications shall conform to the “within 200 feet” notice requirements.
[Amended 8-16-2005 by Ord. No. O-05-26]
(4)
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary, except if the property to be developed is located in an ARE Zone, notice shall be required for property located within 500 feet of an existing county road, proposed road shown on the Official County Map or the County Master Plan or adjoining other county land.
(5)
Notice shall be given by personal service or certified mail to the commissioner of transportation of a hearing on an application for development of property adjacent to a state highway.
(6)
Notice shall be given by personal service or certified mail to the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Said notice to the Director of the Division shall include a copy of any maps or documents required to be on file with the administrative officer or deputy administrative officers.
(7)
All notices required to be given hereunder shall be given at least 10 days prior to the date of the hearing exclusive of the date of service, mailing, or publication.
(8)
Each applicant shall file an affidavit of proof of service with the approving authority holding the hearing on the application for development indicating in detail the applicant’s compliance with the requirements of this section.
(9)
Pursuant to P.L. 1991, c. 412 (N.J.S.A. 40:55D-12.1), all public companies and cable television companies who desire to receive notice of any application shall register using the following registration form and pay a fee as set forth in Chapter 139, Fees. All applicants shall provide notice to all such companies registered with the Township.[2]
Notification of Utility Companies Registration Form |
|---|
Date: _____________________ |
Name: (public utility, cable television company, local utility): |
Address: |
Name and position of person to be notified: |
Registration fee: _____________ |
Date paid: __________________ |
The above is required pursuant to Subsection H, of Section 7.1 (N.J.S.A. 40:55D-12) of the Municipal Land Use Law. |
B.
The Township Council, upon introduction of an ordinance which will change the permitted uses, accessory uses or conditional uses as defined in this chapter as it relates to a particular tract or tracts of property, shall, in addition to any other notice provisions required by state statute, mail a copy of the pending ordinance to the owner of the property for which this zone change is being adopted, and the owners of all real property(ies) as shown on the current tax duplicate within 200 feet in all directions of the property which is the subject of the Use Change Ordinance, except in any agricultural, Rural Estate Zone (ARE Zones), now existing or hereafter established. The owners of all real property(ies) in ARE Zones, as shown on the current tax duplicate within 500 feet in all directions of the property which is the subject of the Use Change Ordinance shall be given the required public notice described herein. This notice requirement shall not apply to ordinances which would change permitted uses, accessory uses or conditional uses in a particular zone designation through the Township or zone changes effected by the publication of the Zoning Map for the entire Township.
§ 188-5.1 Notice sign.
[Added 11-23-2004 by Ord. No. O-04-55]
A.
All applications requiring public notice as hereinabove set forth shall require a notice sign. A notice sign is a sign which is freestanding and erected on property which is the subject of an application for development. Notice of signs required to be created on the property which is subject of the application or development shall state the name of the applicant; the name of the public body from which the applicant is seeking approval; the phone number of the public body where a person may seek information as to the date and time of the public hearing on the application and a statement that this number may be called to obtain such information; a brief description of the nature of the approval sought, including the number of proposed dwelling units, the type of units, e.g., single-family homes, town homes, garden apartments, and in a case of nonresidential uses, the nature of the proposed construction, e.g., warehouses, commercial use, and the proposed square footage of the construction. Notwithstanding anything stated to the contrary herein, the requirement to erect a notice sign shall not apply to a single-family residential lot provided a) the application does not include a use variance request or b) a minor subdivision which creates no new lots.
B.
A notice sign shall not refer to any name of a planned development or that such development is "coming soon," "future site of" or any other language that a reasonable person may construe as the development having been approved prior to the applicant's receipt of an approval resolution either from the Planning Board or the Zoning Board of Adjustment. The notice sign shall not contain any other information except as authorized herein.
C.
A notice sign shall contain the information referred to above and shall satisfy the following requirements:
(2)
The lettering of the notice sign shall be of such a type, face and size as to be clearly visible to motorists and pedestrians in or on the abutting street.
(3)
The notice sign shall remain until the applicable public body shall grant or deny final approval or the applicant shall withdraw the application.
(4)
The notice sign shall comply with the provisions of this chapter applicable to signs to the extent not inconsistent with this section. Failure by an applicant to provide a notice sign as required by this section will constitute a violation of this chapter and code.
D.
Upon approval of the application for development, the sign shall be modified to include the hours of allowable construction as established by Township ordinance.
§ 188-6 Environmental impact report.
A.
Except for minor subdivisions as defined in this chapter, unless same requires construction of new roads and improvements, an environmental impact report shall accompany every application for development, unless such requirement is waived pursuant to Subsection E of this section. Said environmental impact report shall be coordinated with the natural resources inventory in the Township of Howell, but shall be based upon the conditions which actually exist on the property to be developed. Said environmental impact report shall include the following data and shall be reviewed and passed upon as follows:
(1)
A description of the project which shall specify what is to be done and how it is to be done, during construction and operation, as well as a recital of alternative plans deemed practicable to achieve the objective.
(2)
An inventory of existing environmental conditions at the project site and in the immediate surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capability and limitations; sewerage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels; demography, land use, aesthetics and history. Air and water quality shall be described with reference to standard promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to criteria contained in the Soil Conservation District Standards and Specifications. The aforedescribed inventory shall be based upon actual visitation and inspection of the site proposed for development. The inventory shall be prepared by a person who is qualified and able to recognize the evidence of the presence of a species of flora or fauna by sight, sound, sign and habitat. Prior to the actual performance of the inventory, any applicant may present the qualifications of a proposed expert to the Environmental Commission of the Township of Howell for acceptance. The inventory required by this section shall be accompanied by a log indicating the dates, times, weather conditions, and specific site locations of the on-site inspections required by this section. If evidence is detected of the presence of any endangered or threatened species as shown on any federal or New Jersey endangered or threatened species list, the inventory shall set forth specific strategies and procedures to protect and preserve any such endangered or threatened species.
(3)
An assessment of the probable impact of the development upon all items set forth in Subsection A(2) of this section.
(4)
A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region. Such description shall be accompanied by necessary maps, schedules and other explanatory data that may be needed to clarify and explain the action to be taken. The developer or its consultants in overall charge of the environmental impact report shall include therein all steps that the applicant or developer must undertake to successfully implement the report.
(5)
A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed project and a statement concerning steps which could be taken which might avoid some or all of the adverse environmental effects including a no-action alternate.
(6)
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structures. Off-site impact shall also be set forth and evaluated.
B.
As a direct result of the investigations made under the environmental impact report, a listing shall be all inclusive stipulating the licenses, permits and approvals needed to be furnished by state, county or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The report shall include as a result thereof the conclusions and comments of all concerned governmental agencies and officials. All apropos correspondence between the applicant and these officials and agencies shall be included in the report.
C.
The environmental impact report shall be submitted to the Environmental Commission for its review and recommendation.
D.
Upon completion of all reviews and public hearings, the Planning Board shall consider the environmental impact record and if the Planning Board finds that the proposed development will result in substantial damage to any of the elements of the environment set forth in this section which is not adequately resolved or avoided by the applicant’s proposal, the Planning Board may deny the application.
E.
Notwithstanding any of the foregoing, the Planning Board or the Board of Adjustment, as the case may be, at the request of an applicant, may waive the requirement for an environmental impact report, if sufficient evidence is submitted to support a conclusion that the proposed development will have a negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. Exemption of any activity or project from an environmental impact report shall give due consideration to the natural resources inventory and shall be based upon consideration of the following by the Planning Board:
(1)
Stability of the soil during and after the proposed alteration.
(2)
Drainage patterns and effect on surface water runoff.
(3)
Effect on springs.
(4)
Potential effect on animals and significant plant species.
(5)
Potential air and water pollution, especially any potential increase in siltation.
(6)
Effect of any construction plans or other environmental changes on critical slope areas or sewage disposal systems.
(7)
Problems related to rock removal.
(8)
Amount of resulting nonagricultural displacement of soil.
(9)
Potential noise pollution.
(10)
Increase in amount of industrial waste.
(11)
Increased problems of industrial or nonindustrial waste disposal (subject to review of such problems by the Board of Health).
(12)
Circumstances or conditions that are peculiar to the site or to the application under consideration, that are not generally applicable to sites or applications in the same general locality, and that would result in imposition of an undue burden on the applicant if an environmental impact report were required.
§ 188-7 (Reserved) [1]
§ 188-8 Procedures of approving agencies; hearings; decisions.
A.
The basic procedures to be followed concerning an application for development are as set forth in the articles, sections and subsections of this chapter pertaining to the particular type of development. Consistent with these basic procedures and the requirements of the Municipal Land Use Law, the Planning Board and the Board of Adjustment shall adopt, and may from time to time amend reasonable rules and regulations for the administration of their respective functions, powers and duties. Copies of such rules and regulations and any amendments thereto shall be maintained in the office of the administrative secretary of each Board and shall be available to any person for a fee as set forth in Chapter 139, Fees.[1]
B.
A hearing shall be held upon each application for development at the regular meeting of the approving authority or at such special meeting as it shall lawfully convene.
(1)
Any maps and documents for which approval is sought shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours of the administrative officer or the respective deputy administrative officers. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C.
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
D.
E.
If the decision of the municipal agency is favorable to the applicant, he shall cause a brief notice of the decision to be published in one of the official newspapers of the Township of Howell and shall return proof of the publication to the administrative secretary of the approving agency. If the decision of the municipal agency is not favorable to the applicant, then the administrative secretary of the agency taking the action shall cause notice of the decision to be published as aforesaid.
F.
Conduct of hearing.
(1)
The officer presiding at a hearing or such person as he may designate shall have the power to administer oaths and 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-l et seq.) shall apply.
(2)
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or his or her designee and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(3)
Technical rules of evidence shall not be applicable to the hearing but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
(4)
The following document, books, treatises and reports shall be deemed to be evidence without introduction or proffer by any party or agency involved within an application:
(a)
The Howell Township Natural Resources Inventory prepared by Tectonic and dated February 1976, including all supporting maps, data, and material as amended from time to time.
(b)
Freehold Soil Conservation Service soils maps as amended or updated from time to time.
(d)
Master Plan of the Township of Howell.
(e)
Tax Maps of the Township of Howell.
§ 188-9 Land proposed for dedication to Township.
Any lands which are proposed for dedication to the Township of Howell for any public purpose in conjunction with an application for development shall be subject to approval and acceptance by the Township Council of the Township of Howell. There shall be no presumption of acceptance nor shall any acceptance be final or effective unless and until it is concluded by written and duly adopted resolution of the Township Council of the Township of Howell. A developer may make provision for the establishment of a property owners' association to own and maintain lands which are to be used in common for any purpose which said property owners association shall be constituted and regulated.