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. (1976 Code § 78-4; Ord. No. 3-82)

All provisions of this chapter may be amended in accordance with applicable laws. (1976 Code § 78-5; Ord. No. 3-82)

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codified herein and containing portions of 1976 Code § 78-6 and Ordinance Nos. 3-82, 85-12, 90-40 and 91-1, was repealed in its entirety by Ordinance No. 2013-13.

a. A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., consisting of seven (7) regular members and two (2) 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 (4) years, and alternate members shall serve for two (2) 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 (4) years after their appointment, provided that the initial term of no member shall exceed four (4) years. Thereafter the term of each member shall be for four (4) years. The terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) 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. (1976 Code § 78-7; Ord. No. 3-82)

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. (1976 Code § 78-7; Ord. No. 3-82; Ord. No. 85-12)

a. Appeals to the Board of Adjustment may be taken by any interested party within twenty (20) days of the action by the officer from whom the appeal was taken. Eight (8) 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 (8) 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. (1976 Code § 78-7; Ord. No. 3-82; Ord. No. 20-82)

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. (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 one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer, or not later than one hundred twenty (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 30-7.2b.4., 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. (1976 Code § 78-7; Ord. No. 3-82)

In the granting of hardship and use variances, a time limit of one (1) 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 (6) 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 (2) year time period and any subsequent one (1) year extensions that the applicant may obtain under N.J.S.A. 40:55D-52. (1976 Code § 78-7; Ord. No. 3-82; Ord. No. 85-12)

See Section 30-19. (1976 Code § 78-7; Ord. No. 3-82)

a. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the administrative officer. The administrative officer shall be authorized to reject an application as incomplete. In the event that the administrative officer does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five (45) day period for purposes of commencing the applicable time period unless a. the application lacks information indicated on the Township of Holmdel Development Plan Checklist* adopted herein and annexed hereto, a copy of which checklist shall be provided to the applicant upon request for an application, and b. the administrative officer has notified the applicant, in writing, of the deficiencies in the application within forty-five (45) days of the submission of the application. The applicant may request that one (1) or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within forty-five (45) days. 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.

b. No application for final subdivision or final site plan approval shall be accepted for submission unless it is submitted within three (3) years, plus any granted extensions, from the date of memorialization of preliminary approval. (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)

All requirements of this chapter shall be met at the time of any erection, enlargement, moving or change in use. (1976 Code § 78-8; 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 Section 30-16.)

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.

3. For all new or substantially improved floodproofed structures:

(a) Obtain and record the actual elevation, in relation to mean sea level, to which the structure has been floodproofed.

(b) Maintain floodproofing certifications.

4. Notify adjacent communities within two hundred (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. (1976 Code § 78-11; Ord. No. 3-82)

The developer shall, at the time of filing a submission, pay the following nonrefundable fees to the Township. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay a fee equaling the total of the fees for each component. (1976 Code § 78-12; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 90-40; Ord. No. 94-29)

The Board of Health, Planning Board or Zoning Board of Adjustment may require such experts as the respective Board may designate, at the applicant's expense to conduct such tests or additional tests, studies or any other action which may be deemed necessary or prudent in the performance of its duties. (1976 Code § 78-12; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 85-12; Ord. No. 90-40; Ord. No. 94-29)

Any plat returned to the applicant for revisions at any stage shall, when resubmitted, be accompanied by a fee equal to no more than one-half (1/2) of the original fee for that stage, but may be less as determined by the approving authority. (1976 Code § 78-12; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 90-40; Ord. No. 91-23; Ord. No. 94-37)

See also Sections 30-13 and 3-16 for other fee requirements.

Fees shall be as follows:

a. Subdivision.

1. Informal submission fee:

(a) Minor application: one hundred ($100.00) dollars.

(b) Major application: five hundred ($500.00) dollars.

(c) In the event an informal concept plan is later submitted for formal review, the informal fee hereunder shall be credited toward the formal review fee.

2. Minor subdivision: three hundred fifty ($350.00) dollars, plus two hundred fifty ($250.00) dollars per lot, together with an escrow deposit as set forth hereinafter.

3. Preliminary plat: seven hundred fifty ($750.00) dollars, plus sixty ($60.00) dollars per lot if a Planned Retirement Community application; otherwise, two hundred fifty ($250.00) dollars per lot, together with an escrow deposit as set forth hereinafter.

4. Final plat: three hundred fifty ($350.00) dollars, plus sixty ($60.00) dollars per lot if a Planned Retirement Community application; otherwise, two hundred fifty ($250.00) dollars per lot, together with an escrow deposit as set forth hereinafter.

b. Site Plan.

1. Informal submission:

(a) Minor application: one hundred ($100.00) dollars.

(b) Major application: five hundred ($500.00) dollars.

(c) In the event an informal concept plan is later submitted for formal review, the informal fee hereunder shall be credited toward the formal review fee.

2. Preliminary. The total fee shall equal the sum of the fees under paragraphs (a) and (b) below:

(a) Fee based on site area.

(1) For the first twenty thousand (20,000) square feet or fraction thereof of lot area of the subject site: five hundred ($500.00) dollars.

(2) For each ten thousand (10,000) square feet or fraction thereof of lot area over twenty thousand (20,000) square feet and up to forty thousand (40,000) square feet: one hundred fifty ($150.00) dollars.

(3) For each acre or fraction thereof of lot area over forty thousand (40,000) square feet: one hundred ($100.00) dollars.

(4) In addition to the total sum due and owing under paragraphs (1), (2) and (3) above an escrow deposit as set forth hereinafter.

(b) Fee based on building area.

(1) For the first one thousand (1,000) square feet or fraction thereof of floor area of the proposed construction: four hundred twenty-five ($425.00) dollars.

(2) For each one thousand (1,000) square feet or fraction thereof of floor area over one thousand (1,000) square feet and up to ten thousand (10,000) square feet: one hundred seventy-five ($175.00) dollars.

(3) For each ten thousand (10,000) square feet or fraction thereof of floor area over ten thousand (10,000) square feet: one hundred twenty-five ($125.00) dollars.

(4) In addition to the total sum due and owing under paragraphs (1), (2) and (3) above an escrow deposit as set forth hereinafter.

3. Final. One-half (1/2) of the preliminary site plan fees, together with an escrow deposit as set forth hereinafter. If the preliminary and final site plans are filed simultaneously, the fee shall be the sum of the preliminary and final site plan fees; however, the escrow deposit required herein under such circumstances shall only be as required for preliminary approval. In the event, however, the appropriate board only grants preliminary approval, then a separate escrow deposit must be posted at the time that final approval is considered. Any funds remaining in the escrow deposit posted as part of the preliminary approval fee may be credited to the escrow deposit required for final approval.

4. Signs not included in site plans: fifty ($50.00) dollars per application.

5. 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.)

6. Waiver of site plan approval: five hundred ($500.00) dollars.

c. Variances and Other Appeals.

1. Appeals for expansion of single-family residence: twenty-five ($25.00) dollars.

2. All other appeals: seventy-five ($75.00) dollars.

3. Conditional uses: one hundred twenty-five ($125.00) dollars.

4. Interpretation of the Zoning Map: seventy-five ($75.00) dollars.

5. Hardship variance: one hundred fifty ($150.00) dollars.

6. Use variance: one thousand ($1,000.00) dollars.

7. Building permit in conflict with Official Map or building permit for lot not related to a street: one hundred twenty-five ($125.00) dollars.

8. Interpretation of Zoning Ordinance: two hundred ($200.00) dollars.

9. In addition to the total sum due and owing, an escrow deposit as set forth hereinafter. (The escrow deposit will be required for variance applications paragraphs 1., 2., 3., 5., 6., 7. and 8.)

d. 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 twenty-five ($25.00) dollars for each decision to be rendered to defray the cost of publishing the decision(s). Once any application is disapproved, a new submission must include a new decision fee.

e. Reproduction Fee.

1. Minor subdivision: one hundred twenty-five ($125.00) dollars, plus fifteen ($15.00) dollars per supplemental sheet.

2. Preliminary plat: seventy-five ($75.00) dollars, plus fifteen ($15.00) dollars per supplemental sheet.

3. Final plat: one hundred twenty-five ($125.00) dollars, plus fifteen ($15.00) dollars per supplemental sheet.

4. Preliminary site plan: seventy-five ($75.00) dollars, plus fifteen ($15.00) dollars per supplemental sheet.

5. Final site plan: seventy-five ($75.00) dollars, plus fifteen ($15.00) dollars per supplemental sheet.

f. Reserved. (Ord. No. 2013-13)

g. 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. 47:1A-1 et seq.

h. 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 two hundred (200) feet of the property. The fee for this shall be ten ($10.00) dollars or twenty-five ($.25) cents per name, whichever is greater, for each list.

1. Lower Income Housing Developments. Lots subdivided for lower income housing and those portions of site plans including lower income housing shall be exempt from subdivision and site plan fees.

j. Resubmission Fee. The fee required will be one-half (1/2) of the original fee for such type of application unless the work involved is minor. In that event, the Board can consider a reduction of the resubmission fee upon the recommendation of the administrative officer that the fee proposed for the resubmission is excessive in light of the work involved in reviewing the resubmission.

k. Request for extensions of preliminary or final site plan or subdivision approvals: one hundred ($100.00) dollars.

l. Tax Map Revision Fees. A fee of fifty ($50.00) dollars or ten ($10.00) dollars per lot, whichever is greater, shall be charged for minor subdivisions and final plats of major subdivisions to the Township Tax Map.

m. Stenographic Fee. An initial fee of one hundred seventy-five ($175.00) dollars per application shall be paid as reimbursement to the appropriate board for stenographic services. In the event additional stenographic fees are incurred, the fees will be billed against the escrow deposit on an as-billed basis.

n. Escrow Deposits.

1. 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. 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.

2. Each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Act, submit the following sum(s) to be held in escrow in accordance with the provisions hereof:

3. 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 above. 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:

(a) The presence or absence of public water and/or sewer servicing site.

(b) Environmental considerations, including but not limited to geological, hydrological and ecological factors.

(c) Traffic impact of the proposed development.

(d) Impact of the proposed development on existing aquifer and/or water quality.

(e) 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.

4. 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.

5. 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 6 below, are incorporated by reference herein.

6. 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.

0. If an escrow balance falls below twenty-five (25%) percent of the original amount deposited, the applicant shall be required to restore the escrow to its original balance.

p. Site plan application fees and escrows for wireless telecommunications installations:

q. Fees for Developer Requested Advance Informal Technical Review. 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. Prior to the conduct of any such review, the appropriate technical review fee shall be paid to the Township as set forth below:

1. For a review of a proposed development deemed administrative in nature: $200.00.

2. For initial review of all other proposed or conceptual development: $500.00.

3. For subsequent or "follow-up" reviews: $350.00. (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. 94-37; Ord. No. 95-26 § I; Ord. No. 97-3 § I; Ord. No. 98-11 § 10; Ord. No. 2012-15; Ord. No. 2013-13)