a. General Development Plans, Submission and Time for Decision.
1. Submission. Any developer of a parcel of land greater than one hundred (100) acres in size for which the developer is seeking approval of a planned development pursuant to P.L. 1975, c. 291 (C. 40:55D-1 et seq.) may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to Section 34 of P.L. 1975, c. 291 (C. 40:55D-46) or Section 36 of P.L. 1975, c. 291 (C. 40:55D-48).
2. Time for Decision. The Planning Board shall grant or deny general development plan approval within ninety-five (95) days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.
b. Contents of the General Development Plan. The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the gross residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development in a chronological sequence of events as described in paragraph b, 11. below.
The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.), or an ordinance or regulations adopted pursuant thereto after the effective date of the approval.
A general development plan shall include, but is not limited to, the following:
1. A general land use plan at a scale of not less than one (1) inch = one hundred (100) feet or such other scale permitting the entire site to be shown on one (1) sheet. Enlargement of portions of the plan may be submitted on separate sheets of the same size. The plan shall indicate the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The gross density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.
2. A circulation plan showing the general location and types of transportation facilities, including a general description of proposed improvements for pedestrian access within the planned development and any proposed improvements to the existing transportation system outside the planned development. The circulation plan shall be accompanied by a traffic impact report and the applicant shall be responsible for off-site traffic improvements in accordance with N.J.S.A.a 40:55D-42 and municipal ordinances that govern same. In addition, the plan shall incorporate appropriate traffic demand management.
3. An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands. The open space plan shall be accompanied by a timing schedule evidencing when open space areas will be set aside and when construction of recreational amenities will commence and be completed.
4. A utility plan showing the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities.
5. A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site and off-site (if applicable).
6. An environmental inventory and assessment in accordance with the Township's Environmental Impact Report requirements (Section 30-59), including a general description of the vegetation, soils, topography, geology, surface hydrology, climate, and cultural resources of the site, existing or manmade structures or features and the probable impact of the development on the environmental attributes on the site.
7. A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to educational or cultural facilities, historic sites, libraries, hospitals, firehouses, municipal buildings, and police stations.
8. A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222 (C. 52:27D-30) et seq.) will be fulfilled by the development.
9. A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable, solid waste disposal, including separation and recycling of recyclable materials. The plan shall also indicate anticipated ownership and responsibilities for these facilities.
10. A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school district as a result of completion of the planned development. The fiscal report shall also include a projection of property tax revenues which will accrue to the County, municipality and school district according to the timing schedules provided under paragraph b, 11. below, and following completion of the planned development in its entirety.
11. A proposed development schedule in the case of a planned development where construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the project in its entirety.
The development schedule referred to herein need not be a schedule of specific dates but can be a series of sequential events that provides for a logical progression of the build-out and completion of the project in coordination with any on-site and off-site improvements required by the Planning Board of the municipality; and
12. A municipal development agreement, which means a proposed written agreement between the municipality and the applicant relating to the planned development.
c. Terms and Duration of Approval.
1. The term and effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in paragraph c, 2. below, except that the term of the effect of the approval shall not exceed ten (10) years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c. 291 (C. 40:55D-1 et seq.);
2. In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capacity of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof. However, the Planning Board, in establishing the timing schedule pursuant to paragraph b, 11. hereof, and the municipality in negotiating the development agreement pursuant to paragraph b, 12. hereof, may allow for application for preliminary approval for section(s) of the planned development subsequent to the five year limitation of N.J.S.A. 40:55D-45.7(b). The municipality shall not have cause to terminate the general development plan approval as long as the timing schedule and the development agreement allowing section by section preliminary approvals subsequent to the five (5) year period are being met.
d. Modification of Proposed Development Schedule. In the event that the developer seeks to modify the proposed development schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units, and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.
The developer shall gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area of nonresidential development in any section of the planned development; provided, however, that the Planning Board, in approving the location of land uses, density, and floor area ratio in any section, may allow reasonable variations from the development plan within specific ranges incorporated in the approved development plan which changes are in accordance with the zoning ordinance and do not adversely affect the proposed infrastructure or other basic elements of the development plan.
e. Amendments, Revisions, and Allowable Reductions.
1. Except as provided in paragraph e, 2. below, once a general development plan has been approved by the Planning Board, it may be amended or revised by the Planning Board upon application of the developer.
2. Without violating the terms of the general development plan approval granted by the Planning Board, a developer may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space in the section in question by no more than fifteen (15%) percent; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (C. 52:27D-30 et seq.) without prior municipal approval.
f. Notice of Completion; Nonfulfillment, Termination of Approval.
1. Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer of the municipality, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For purposes of this section, "completion" of any section of the development means that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure as set forth in the approved general development plan and pursuant to Section 15 of P.L. 1985, c. 217 (C. 52:27D-133). If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.
2. If the developer does not complete any section of the development within the time required in the Planning Board's approval of the general development plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have ten (10) days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality shall thereafter conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approved plan shall be terminated thirty (30) days thereafter.
3. In the event that a developer who has a general development plan approval does not apply for preliminary approval for the planned development which is the subject of the general development plan approval within the time provided in the Developer's Agreement or within five (5) years of the date upon which the general development plan has been approved by the Planning Board (whichever is later), the municipality shall have cause to terminate the approval, unless an extension is agreed upon by the mutual consent of the applicant and the municipality.
g. Termination of Approval Upon Completion. In the event that a development plan is completed before the end of the term of approval, the approval shall terminate upon the completion of the development. For purposes of this section, a development shall be considered complete on the date upon which certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval. (Ord. No. 98-30 § I)
a. The applicant shall submit to the administrative officer, at least five (5) weeks prior to the first regularly scheduled meeting of the month, the following items relating to minor subdivision;/site plan: one (1) reproducible copy of each sheet of the minor subdivision/site plan, ten (10) black-on-white paper prints of the plat along with fifteen (15) copies of layout sheet folded so the title block is showing or, if more than ten (10) sheets, shall be submitted in individually rolled sets, one (1) translucent reproducible copy of each sheet of the plan, together with microfilm copies of each sheet of the drawings as specified in subsection 30-38.1; ten (10) completed copies of the application form for approval; four (4) copies of any protective covenants, deed restrictions and easements applying to the land being developed either existing or proposed or a statement that none exists or are proposed; ten (10) copies of the drainage calculations and soil erosion and sediment control data as required in Article IV of this chapter; certification from the Township Engineer that he has assigned block and lot numbers; the applicable filing fee; ten (10) copies of the completed checklist revised to April 30, 1992, incorporated by reference heretofore; and certification by the Tax Collector that all taxes and assessments for local improvements that are due and paid to date (N.J.S.A. 40:55D-39(E)); and ten (10) copies of all other supplementary documentation submitted by applicant or requested by the Board.
b. Each filing shall also include one (1) thirty-five (35) millimeter microfilm standard aperture card from safety-base, permanent record film with a gelatin-silver halide emulsion developed to a black-and-white image and meeting the standards of the American National Standards Institute (ANSI) PH 1.28, PH 1.29 and PH 1.41, and shall be provided for each sheet of submission. Each aperture card shall contain the information set forth in subsection 30-38.1 paragraphs a.1. through a.5.
c. The minor subdivision/site plan 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 street, drainage, erosion, storm water control and excavation plans and found that the interests of the Township and of nearby properties are fully protected and identifying those portions of any improvements already installed and that the developer has either:
1. Installed all improvements in accordance with the requirements of this chapter and has posted a maintenance guaranty for same. (See Section 30-13); or
2. Posted a performance guarantee that has been approved by the governing body. (1976 Code § 78-32.1; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 92-6)
a. The approving authority shall grant approval of the minor subdivision/site plan plat if the application is complete and if it conforms to the chapter, the conditions of previous reviews and the standards prescribed by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
b. Approval of a minor subdivision shall expire one hundred (190) days from the date of municipal approval unless 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 (N.J.S.A. 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision as filed by the developer with the County Recording Officer, the Municipal Engineer and the Township Tax Assessor. Such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority or the Vice Chairman in the Chairman's absence. In reviewing the application for development for a proposed minor subdivision the approving authority may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform with the provisions of the law.
c. Distribution of Approved Minor Subdivision/Site Plan Plat. The administrative officer shall arrange to have copies of the signed minor subdivision/site plan plat reproduced and shall file the master copy in the office of the Township Clerk. The administrative officer shall send one (1) copy, except as noted, of the signed minor plat to each of the following:
1. Municipal Engineer.
2. Construction Official.
3. Tax Assessor.
4. Planning and/or Zoning Board.
5. Board of Health.
6. County Planning Board.
7. Official issuing certification as to approval of subdivisions as provided in N.J.S.A. 40:55D-56.
8. Planning Board Engineer.
9. Police Department.
10. Applicant.
11. Township Clerk. (1976 Code § 78-32.1; Ord. No. 3-82; Ord. No. 85-12; Ord. No. 92-6)
All applications shall be submitted in plat form, and all plats shall conform to the submission requirements as well as the design and zoning regulations of this chapter and other regulations referred to in this chapter, such as the Holmdel Development Design Manual. All plats shall be drawn by a land surveyor, and all drawings of improvements shall be prepared by a professional engineer, and all such drawings shall bear the signature, embossed seal, license number and address of the preparer. (1976 Code § 78-33; Ord. No. 3-82; Ord. No. 84-7)
a. Clearly and legibly drawn.
b. Graphic scale not less than one (1) inch equals one hundred (100) feet.
c. Existing and proposed street and lot layout, with dimensions, showing that portion proposed for development in relation to the entire tract and identifying the location and number of units proposed for lower income housing.
d. Existing lot lines to be eliminated.
f. Basic intent for water and sewage treatment.
g. Contours based on Township-owned topographic maps.
h. Existing structures and uses.
1. All setback lines as well as the shortest distances between buildings and proposed or existing lot lines.
j. All streams, lakes and drainage rights-of-way, including the direction of flow of all streams, brooks and drainage rights-of-way; the location of all drainage structures; private cemeteries; and the approximate location of wooded areas, flood hazard areas and floodway lines, steep slopes, wetlands and swamps based on Soil Conservation Service data and the Township's natural resource inventory. Percolation tests and soil logs are not required. However, where the slope and soil conditions indicate problems may be encountered, percolation tests and soil logs as required for the preliminary plat may be advisable.
k. Existing and proposed rights-of-way and easements within and adjoining the tract with sight triangles shown. Proposed access points and parking areas shall be included on site plans.
l. The Tax Map sheet, block and lot number for the tract and all adjacent lots; a title including the words "Informal Plat for Review and Classification"; North arrow; space for the application number; the date of the original drawing; and the date and substance of each revision.
m. Zoning District(s).
n. The name, address, signature and phone number of the owner, developer and person preparing the plat.
0. A key map with North arrow showing the entire development and its relation to surrounding areas. (1976 Code § 78-33; Ord. No. 3-82; Ord. No. 84-7)
a. Clearly and legibly drawn.
b. Graphic scale not less than one (1) inch equals fifty (50) feet.
c. Based on certified boundary survey not more than five (5) years old.
d. Sheet sizes of thirty by forty-two (30 x 42) inches; twenty-four by thirty-six (24 x 36) inches; fifteen by twenty-one (15 x 21) inches; or eight and one-half by thirteen (8 1/2 x 13) inches. If more than one (1) sheet is required to show the entire subdivision, one (1) composite map shall show the entire subdivision with reference to the sheets on which the various sections are shown.
e. Key map with North arrow showing the entire subdivision in relation to surrounding areas, including the names of principal roads, and at a scale of not less than one (1) inch equals two thousand (2,000) feet.
f. Title block, including the words "Preliminary Plat, Major Subdivision," or "Minor Subdivision Map", as appropriate, with the name of the subdivision; the name of the municipality; the most recent tax map sheet, block and lot number and the date of the tax map sheet used; date of preparation and most recent revision; meridian; North arrow, graphic scale; the names, addresses, phone numbers and signatures of the owner, developer and person(s) who prepared the plat(s), including the seal of the latter; and space for the application number.
g. The names of all property owners within two hundred (200) feet of the limits of the development as disclosed on the most recent municipal tax records.
h. Tract acreage to nearest one-hundredth (0.01) of an acre; the number of new lots specifying those lots proposed for lower income housing; each lot line dimension scaled to the nearest foot; and each lot area to the nearest square foot.
1. Existing and proposed topographic data shall be shown at one (1) inch equals one hundred (100) feet for comparison to Township-owned topographic maps. Existing and proposed contours at two (2) foot intervals shall be shown for areas with less than ten (10%) percent slope and five (5) foot intervals for areas with ten (10%) percent or greater slopes. For tracts containing slopes in more than one (1) category, the developer shall show every ten (10) foot contour with a wider line. In instances where there is more than one (1) slope category, the approving authority may allow some other satisfactory contour intervals and topographic data to meet the objectives of this section. All elevations shall be related to a bench mark noted on the plan and, wherever possible, shall be based on United States Geological Survey mean sea level datum. The approving authority may waive contour requirements on portions of lots greater than three (3) acres if, because of terrain or the absence of any proposed improvements or other conditions, the information would not contribute to its determination.
j. The borders of areas of proposed cuts and fills, exclusive of excavations for basements.
k. Location of existing natural features showing soil logs, slopes exceeding ten (10%) percent, wooded areas, views within the development and the location of individual trees outside wooded areas having a diameter of six (6) inches or more measured five (5) feet above ground level. Soil borings shall be taken in locations at the direction of the approving authority engineer, and a report on soil types and recommendations based on the data shall be submitted as part of the application.
l. Existing and proposed streams, lakes and marsh areas accompanied by the following maps and drawings:
1. When a running stream is proposed for alteration or when a structure or fill is proposed in or along such a stream, approval of the New Jersey Division of Water Resources 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) Where a watercourse crosses a lot line (profile and cross sections) and at one hundred (100) foot intervals, but at not less than two (2) locations, along each watercourse which runs through or adjacent to the development (cross sections).
(b) At fifty (50) foot intervals for a distance of three hundred (300) feet upstream and downstream of any existing or proposed culvert or bridge within the development (cross sections).
(c) When watercourses are to be altered the method of controlling erosion and siltation during construction as well as typical ditch sections and profiles shall be shown on the plan or accompany it.
3. The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development, including a small-scale watershed map developed from United States Geological Survey sheets.
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. All existing or proposed drainage and conservation easements and flood hazard areas.
6. The location, extent and water level elevation of all existing or proposed lakes or ponds within or no farther than three hundred (300) feet from the development.
7. Plans and computations for any storm drainage systems, including the following:
(a) Existing or proposed storm sewer lines within or adjacent to the development and 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.
m. Plans, cross sections, center-line profiles, tentative grades and details of proposed and existing utilities and all improvements within street rights-of-way in the tract, including the type and width of street pavement, curbs, sidewalks, bike routes, shade tree planting, all utilities, including water, sewer, gas, electric, telephone and cable T.V., and facilities, such as storm drainage facilities, detention ponds and erosion control. At intersections, the sight triangles, radii of curblines, crosswalks, curb ramps and street sign locations shall be shown. Where the slope and/or soil conditions indicate problems may be encountered, soil logs may be required as outlined in paragraph r. below. Final street naming may be deferred.
n. The names, locations, widths and purpose(s) of existing and proposed easements, streets and other rights-of-way in the development and within two hundred (200) feet of the development. The text of any deed restriction in the development shall be included, including those deed restrictions related to future control over the rerent and resale prices of lower income housing units. Construction access shall be specified for those developments to be constructed over a period of years.
0. The locations and description of all monuments, existing and proposed.
p. All lot lines that exist and will remain, those proposed, and those to be eliminated. All setback lines with dimensions and municipal boundaries if within two hundred (200) feet shall be shown. Any lot(s) to be reserved or dedicated to public use shall be identified, as well as any lots to be set aside for lower income housing purposes. Each block and the lots within each block shall be numbered as assigned by the Municipal Engineer.
q. Locations of all existing structures and their use(s) in the tract and within two hundred (200) feet, showing existing and proposed front, rear and side yard setbacks, structures of historic significance, private cemeteries and an indication of existing structures and uses to be retained and those to be removed.
r. Utility Plans.
1. Utility plans shall show feasible connections to any existing or proposed utility systems. If private utilities are proposed, they shall comply fully with all Township, County and State regulations. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures. When on-lot water or sewage disposal is proposed, the proposed location of the well and the location and results of percolation tests shall be submitted. Where on-lot sewage disposal is proposed, the plat shall show the results of an acceptable percolation test, as well as all failures, and soil logs on each proposed lot at a site appropriate for the location of a septic filter field. If the percolation test is doubtful, the approving authority may require additional percolation test(s). The plat shall show the following data: the date of the test(s), the location of each test, slope of the land, cross section of the soil to a depth of at least fifteen (15) feet below the bed of the septic field, groundwater level, the rate of percolation and the weather conditions prevailing at the time of each test as well as for the preceding forty-eight (48) hours. The test(s) shall be performed at the applicant's expense by a licensed professional engineer in the presence of an authorized Township representative.
2. If existing land drainage structures, such as French drains, are encountered during the course of construction of any subdivision and such drainage structures are removed or altered, no septic system or any part thereof shall be installed on any lot within four hundred (400) feet thereof without the prior approval of the Holmdel Township Board of Health. Such approval shall only be granted if new percolation tests, taken at least two (2) months after such drainage structures are removed, show satisfactory soil conditions to exist and that installation of such septic system in the area affected by the removal of the drainage structures will not be detrimental to the health of Township residents or cause pollution of any of its waters.
s. Zoning District(s) and Zoning District Lines.
t. An itemization of all improvements to be made on-site, off-site, on-tract and off-tract in accordance with the standards specified in Article IV.
u. Documentation that the subdivision plat is in conformity, where applicable, with the following:
1. The State Highway Access Management Code adopted by the Commissioner of Transportation under Section 3 of the "State Highway Access Management Act" P.L. 1989, c. 32(C.27:7-91), with respect to any State highways within the municipality.
2. Any access management code adopted by the County of Monmouth under R.S. 27:16-1, with respect to any County roads within the municipality.
3. Any municipal access management code adopted under R.S. 40:67-1, with respect to municipal streets.
v. Compliance with siting, performance or other standards or guidelines adopted by the Department of Environmental Protection for the purpose of protection of potable water supply reservoirs from pollution or other degradation of water quality resulting from the development or other uses of surrounding land areas.
w. Location of All Existing and Proposed Easements. In addition, a notation shall be placed on the map or in the deed to be filed with the County Clerk's office and on the soil erosion plan filed with the Freehold Soil Conservation District and the Township of Holmdel indicating that prior to any soil disturbance or issuance of any permits, the applicant, its servants, agents, employees or successor and assigns shall be required to install snow fencing along any easement area on the lot or lots that are part of the subdivision. Monuments shall be installed as required under Section 30-58 of the Code of the Township. (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)
