No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

[Amended 11-1-2011 by Ord. No. 0-11-38]

No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent, applicable state and federal regulations. Standby generator systems shall have a maximum allowable noise decibel under normal working conditions of 67 measured at 23 feet, and the maximum distance from the farthest face of the generator to the foundation wall shall not exceed five feet. Operational tests for standby generator systems shall be performed between the hours of 7:00 a.m. and 8:00 p.m. weekdays only.

No materials or wastes shall be stored upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind. All materials or wastes which might create a pollutant or hazard shall be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department and the New Jersey Department of Labor and Industry.

Existing natural features such as streams, lakes, ponds, and the natural configuration of the ground shall be retained where possible. If it can be demonstrated to the satisfaction of the municipal agency that such features may be altered only to the extent absolutely necessary to render the premises suitable for such permitted use.

All area lighting shall provide for lights focused downward, translucent fixtures and shielding, or such other light orientation and shielding to prevent light spillage off the site. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere and shall average a maximum of 0.5 footcandle over the entire area. The light source shall comply with the heights for the residential and nonresidential design standards. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. Any outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residents and overhead sky glow. The objective of these qualifications is to minimize undesirable off-site effects. No light shall shine directly into windows or on streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision. To achieve these requirements, the intensity of such light source, light shielding and similar characteristics shall be subject to site plan approval.

All lots being filled shall be filled with clean fill and/or topsoil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction or regrading shall be permitted which creates or aggravates water stagnation, siltation or a drainage problem on adjacent properties. Grading shall be limited to areas shown on an approved site plan. Any topsoil disturbed during approved operations shall be redistributed throughout the site.

A. Mindful of the grave potential for environmental degradation due to the cumulative effect of the use of individual septic systems on lots of less than 40,000 square feet in area and the mandate of the Revised Statutes of the State of New Jersey that municipal land use ordinances provide for adequate sewage facilities for residents, neither the Planning Board nor the Board of Adjustment shall approve a subdivision creating lots of less than 40,000 square feet in area where said proposed lots will be serviced by individual septic systems unless the applicant is able to establish at the time of submission to the reviewing Board compliance with N.J.A.C. 7:9A et seq., Standards for Individual Subsurface Sewage Disposal Systems. The applicant must have completed soil logs and permeability testing and demonstrate on the subdivision plan that all required setbacks can be met. Further, and without regard to lot area, in any development which requires the installation of new streets, the Planning Board may require the developer to install so called "dry sewer lines" capable of providing sewage removal for a building by connection to public sewer facilities at such time as they become available. In all other cases involving existing lots, requisite approvals for the installation of a septic system shall be received from the Board of Health and other appropriate officials before any building permit shall be issued. [Amended 4-6-2010 by Ord. No. 0-10-06]

B. Water meter requirements. Where sanitary sewers are installed at the time of construction for active use at the time of the issuance of the certificate of occupancy and in connection with the construction of a single-family dwelling, the developer shall install two water meters for each home. The first water meter shall be for internal water use. The second water meter shall be for external water use, including, but not limited to, an irrigation system. [Added 2-20-2007 by Ord. No. 0-07-1]

Each plan shall incorporate soil erosion and sediment control programs meeting the approval of the Monmouth County Soil Conservation District and the requirements of the New Jersey Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975, if required by that Act. Filing with the Monmouth County Soil Conservation District shall be concurrent with filing with administrative officer.

A. No topsoil shall be removed from the Township of Howell. Any proposal for the removal of more than 600 cubic yards of topsoil from one location in the Township to another shall be the subject of a site plan application containing the information required for an application under Article XII of this chapter for both the sending and receiving lots. The excavation and grading for completion of a site plan shall be done in accordance with the approved site plan which contains soil erosion and sediment control provisions. Any application proposing the excavating, redistributing and/or removal of more than 600 cubic yards of material or involving an area exceeding 3,600 square feet shall include on its site plan the following: the means to prevent erosion, provide for sedimentation control and drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting land, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical characteristics and limitations of the soil for the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare. Additional controls on soil removal are set forth in the Code of the Township of Howell.

B. Prior to the removal or distribution of any soil from the Township of Howell, or development of a former agricultural area, all soil shall be subject to site investigation and soil sampling as set forth in Chapter 269, § 269-14, of the Code of the Township of Howell. [Amended 10-5-2010 by Ord. No. 0-10-24]

[Added 10-5-2010 by Ord. No. 0-10-24]

A. The Township Council finds that historic pesticide contamination has become a concern within the Township due to the number of homes being built on former farm fields and orchards. Site investigation and soil sampling of former agricultural areas shall be conducted prior to any development of the site, the purpose of which shall be to determine if contamination is present at levels exceeding the New Jersey Department of Environmental Protection soil cleanup criteria. Any necessary remediation shall be conducted and completed prior to any site development.

B. Site sampling of former agricultural areas and any necessary remediation shall be conducted for any new projects or developments or upon the sale of existing properties (both residential and commercial) which have areas with exposed soil that are intensively used by children, including but not limited to homes, townhouses, condominiums, apartments, schools, day-care centers and playgrounds. Soil shall also be subject to site investigation and soil sampling prior to the removal or redistribution of any soil from the Township of Howell as set forth in this chapter and in § 269-14.

C. All sellers shall provide prospective buyers with any test results that have been performed to quantify concentrations of residual pesticides and provide information regarding any deed notice and/or maintenance requirements applicable to the property where pesticide contamination is located on the property.

D. All sellers shall provide a written disclosure to prospective purchasers of the location and conditions of common areas where contaminated soil has been consolidated in accordance with the New Jersey Department of Environmental Protection's applicable soil remediation criteria.

E. Site investigation sampling shall be conducted pursuant to the New Jersey Department of Environmental Protection Field Sampling Procedures Manual and analysis conducted by certified laboratories pursuant to the Technical Requirements for Site Remediation, N.J.A.C. 7:26E-2, and as may be amended in the future by the NJDEP. These test results shall be analyzed to determine whether contamination is present at levels exceeding the New Jersey Department of Environmental Protection soil cleanup criteria guidelines.

F. Prior to any development, all of the soil testing requirements outlined in this chapter must be submitted to the board professionals for their review and comment. This evidence shall be used as evidence in the case before the board. Remediation of any contamination found on the proposed site shall be completed prior to site development. Failure of an applicant to fully comply with any part of the provisions as outlined in this chapter may result in the denial of the application. Per N.J.S.A. 40:48-2.57, this chapter shall not apply to any property for which any person is conducting actions related to historic pesticide contamination under the oversight of the Department of Environmental Protection, provided that such person, as condition of any development approval by the municipality, obtains a full site no further action letter from the Department.

G. Sample location and depth. Discrete samples should be taken at a depth of zero inches to six inches within farm fields. If the extent of former fields cannot be determined, the entire property should be sampled. A map shall be provided to the board professionals showing the exact location of each soil sample taken along with a detailed report summarizing the result of each sample.

H. Sample frequency shall be dependent on the size of the site. (Sites less than one acre to 10 acres, one sample for every two acres with a minimum of two samples; then sites greater than 10 acres, add one sample for every five acres.) A reduced sampling frequency may be appropriate for very large sites and shall be determined by the board professionals on a case-by-case basis.

I. Analytical parameters. All samples shall be analyzed for arsenic, lead and a pesticide scan (USEPA Method SW846-8081A). The pesticide scan includes a total of 20 compounds, including DDT, DDD, DDE, dieldrin and chlordane. All analytical results obtained from the pesticide analysis shall be provided to the board professionals for comparison with established NJDEP contamination levels.

Each plan shall incorporate on-site stormwater facilities that will encourage the slowing down of either the rate or amount of stormwater that leaves the site or both. All measures used to control stormwater runoff shall comply with the drainage; soil erosion and sediment control, and soil removal provisions of this chapter. Tracts where permanent stormwater detention basins are either proposed or required shall be constructed in the following manner (more than one facility may be required): each detention pool shall contain a primary water depth with a capacity to accept all the surface water directed to it from a four-inch rain in 24 hours. Vertical holes filled with coarse rock may be provided within the detention pool(s) to assist water percolation into the soil for the detained water at the primary water level. Each detention pool shall be designed for a secondary water depth which shall provide for water to be drained off through outlets. The secondary water depth shall, together with the primary water depth capacity, accept all the surface waters directed to it from a five-inch rain in 24 hours. Each detention pool shall also have a tertiary water depth which will allow water levels in excess of the secondary water depth capacity to drain out one or both ends along the surface of a spillway to a natural drainagecourse. The rate of discharge from the secondary and tertiary depths shall not exceed the rate and volume at which stormwater left the property when the property was in its natural state. The tertiary water depth capacity shall, together with the primary and secondary water depth capacities, accept all the surface water directed to it from a six-inch rain in 24 hours. All developments may incorporate the following on-site stormwater retention or impoundment facilities in the following manner:

A. Swales may be constructed in which there need be no outlet facilities and which will impound water draining only from other landscaped areas. The water impounded in these areas will be left to evaporate and percolate, and the swales shall otherwise be seeded and maintained in lawn area.

B. Impoundment/detention basins along any stream that maintains a steady flow of water throughout the year may be constructed, provided that any improvements designed to provide such impoundment/detention facilities shall be designed to meet the standards of, and have the approval of, the New Jersey Department of Environmental Protection, Division of Water Resources, and shall have the proper amount of sustained water flow downstream, proper depth of water to control vegetation, and a proper design to prevent water stagnation in any part of the pond.

C. Detention of stormwater on roof surfaces may be designed by means of essentially flat, but slightly pitched roofs to the edges. Facilities for control of the water runoff from the roof shall be provided in the form of vertical leaders with detention rings around the intake to provide the control of water flow. The spacing and capacity of the vertical leaders and detention rings shall be approved by the Municipal Engineer and Building Inspector depending on the area to be drained, the pitch of the roof, the capacity of the impoundment, detention, or retention facilities to which the water will eventually drain, the structural strength of the roof. It is recommended that the intakes be protected by a device that will accept the full amount of water passed on to it from the detention rings but which will act as a strainer for any foreign matter such as leaves, twigs, and seedlings. The leaders from a roof with water detention design shall direct the stormwater into a retention basin constructed in a manner as outlined above.

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways serving uses other than one- and two-family dwellings. Where streets and driveways intersect a county road, the sight triangle shall conform to the county requirements. The area within sight triangle shall be either dedicated as part of the street right-of-way or kept as part of the lot and identified by a sight triangle easement. No grading, planting or structure shall be erected or maintained more than 30 inches above the center-line grade of the intersecting street or driveway or lower than 10 feet above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim and grade to provide the sight triangle. The sight triangle is that area bounded by the intersecting street lines and a straight line connecting "sight points" located on each of the two intersecting street lines the following distances from the point of intersection (where intersections occur on state or county roads, state or county dimensions shall be used): Arterial streets at 130 feet; collector streets at 60 feet; and local streets at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a site point 35 feet on the intersecting street. Any development requiring site plan approval shall provide sight triangles at each driveway with the driveway classified as a local street for purposes of establishing distances. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street easement shall be expressed on the plat as follows: "Sight triangle easement subject to the grading, planting and construction restrictions as provided in the Howell Township Land Use Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum set backs required by the zoning provisions.

A. Soil percolation tests shall be performed for all development containing buildings that at the time of construction will not be connected to a public sewage disposal system.

B. 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 Howell Township Board of Health; it shall be the applicant's responsibility to arrange said percolation test with the Board of Health of the Township of Howell.

C. 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.

D. The applicant shall submit a detailed report of the results of the tests at the time of the preliminary application.

E. 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.

At the time an applicant submits an application for a building permit for the construction of a new residential or commercial building on a lot, he shall accompany said application with a certified staked survey showing the location of the foundation for the construction of the building for which application has been made for a permit to construct. Prior to the construction of the building, but after the laying of the foundation or slab, the applicant shall submit an as-built drawing to the Construction Code Official showing the foundation or slab and certified to the licensed land surveyor that the foundation has been constructed in accordance with the foundation survey previously filed by the applicant. Included on the survey certification shall be a tabulation of the required and provided setbacks, and furnished first floor elevations. At the time the applicant applies for a certificate of occupancy, an as-built survey shall be submitted showing the building's location, and certified by a licensed land surveyor that the construction of the building conforms with the foundation survey previously provided by the applicant. The provisions of this subsection shall not apply to additions to existing buildings, sheds, fences, pools. At the time the certified staked survey is submitted, it shall be accompanied by an administrative fee as set forth in Chapter 139, Fees, made payable to the Township of Howell.

[Amended 3-15-2011 by Ord. No. 0-11-03; 12-11-2012 by Ord. No. 0-12-27]

A. Three copies of the individual plot plan, three copies of the architectural drawings (if applicable) and the plot plan checklist shall be submitted to the Department of Community Development with any permit applications for new residential/commercial construction and/or major renovations/regrading of existing property. Application jackets shall also be filled out for land use, engineering and construction. The owner/applicant shall, at the time of filing an application, pay a nonrefundable application fee, review fee and inspection fee to the Township of Howell as set forth in Chapter 139 of this Code.

B. The Township Land Use Officer shall review the submitted plot plan, architectural drawings and land use application jacket for conformance to the Township's bulk requirements and either request revisions or issue a land use certificate in writing. The land use certificate is required prior to the Engineering Division reviewing the plans.

C. The Township Engineer shall review the submitted plot plan, architectural drawings, plot plan checklist and engineering jacket for conformance to the Township's plot plan requirements and either request revisions or issue an engineering approval, in writing, of the submitted plan. Engineering approval is required prior to the Construction Code Official reviewing the plans.

D. Once the land use certificate and engineering approval is granted, the Construction Code Official shall review the architectural plans, Building Department jackets and technical sheets and either request revisions or issue a building permit.

E. Each individual plot plan shall be drawn to scale, signed and sealed by a professional engineer and land surveyor licensed to practice in the State of New Jersey, and shall be no larger than 24 inches by 36 inches or smaller than 8 1/2 inches by 11 inches.

F. Individual plot plans shall include the following information:

(1) Plans provided on sheets no smaller than 8 1/2 inches by 11 inches or greater than 24 inches by 36 inches.

(2) Plan drawn to scale, no larger than one inch equals 40 feet.

(3) Property lines shown, length in feet and hundredths, bearing in degrees, minutes and seconds.

(4) Area of parcel in square feet and acres, both to the nearest hundredth.

(5) Key map showing location of parcel to be considered in relation to surrounding area, within 200 feet (if applicable).

(6) Title block containing name of applicant, preparer, lot and block number, date prepared, date of last amendment and zoning district.

(7) Scale of map, both written and graphic.

(8) North arrow giving reference meridian.

(9) Names of property owners within 200 feet of subject property (if applicable).

(10) Topography of the site and at least 50 feet around the improvements or property lines based on project. All elevations based on NAVD 1988 with source noted.

(11) Existing contours showing the natural drainage of the land. Proposed contours demonstrating there are no impacts to adjacent parcels when complete. Flow arrows shall be provided to help depict the direction of stormwater runoff.

(12) Spot grades to supplement contours. Any high or low points must be shown for drainage review purposes. Include spot elevations at property corners, building corners, septic systems, etc. Provide basement, garage and finished floor elevations.

(13) Soil boring demonstrating the basement is at least two feet above the seasonal high water table.

(14) Existing and proposed drainage swales, structures, basins and pipes must be shown including pipe size, type and slope. Show downspout locations. All drainage systems within 50 feet of the property must be shown.

(15) Location of wetlands, wetland buffers, riparian areas, floodplains and any other environmental constraints on the property, with backup documentation from the approving agency.

(16) Location of existing and approved structures and their setbacks from existing and proposed property lines. Overall limit of disturbance.

(17) Existing and proposed zoning setbacks and depicted graphically on plan.

(18) Location of easements or right-of-way including power lines.

(19) Location of railroads, bridges, culverts, drain pipes, water and sewer mains and other man-made installations affecting the parcel.

(20) Location of existing and proposed utility lines. Plan must show connection points. (Any work within right-of-way will require a road opening permit.)

(21) Location of existing and proposed wells and septic systems.

(22) Proposed septic approval from the Monmouth County Board of Health (if applicable).

(23) Location and description of monuments whether set or to be set (if applicable).

(24) Location, names and width of all existing streets within 200 feet of the parcel.

(25) Street composition and width adjacent to the parcel.

(26) Existing and proposed center line, gutter and top of curb elevations along the roadway. Include construction access point from Township right-of-way.

(27) Proposed roadway and curb details (if applicable).

(28) Existing and proposed sidewalk and driveway grades (if applicable).

(29) Proposed sidewalk and driveway details.

(30) Soil erosion and sediment permit approval (if required).

G. The applicant shall submit an individual as-built plot plan, signed and sealed by a land surveyor prior to requesting a final certificate of approval (CA) inspection from the Township Engineer (for in-ground pools, as-built plans are not required unless requested by the Engineer based on a field inspection).

H. A new certificate of occupancy (CO) shall not be issued by the Construction Code Official until the Township Engineer provides written verification that the individual plot was built in conformance with the approved plans.

A. All land use development applications set forth in Subsection B herein shall conform and be in accordance with Chapter 238, Recycling, of the Code of the Township of Howell and with the Monmouth County District Solid Waste Management Plan (as amended and supplemented) approved by the New Jersey Department of Environmental Protection.

B. Materials designated in Chapter 238, Recycling, of the Code of the Township of Howell shall be separated from other solid waste by the generator thereof and a storage area for recyclable material shall be provided as follows:

(1) For each subdivision application for 25 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles and jars, aluminum, tin and bimetal cans or containers and plastic containers). The storage area may be located (but not limited to) the laundry room, garage, basement, kitchen or a backyard location not more than 50 feet from the dwelling unit.

(2) For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including but not limited to newspaper, glass bottles and jars, aluminum, tin and bimetal cans or containers and plastic containers). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development. The holding area shall provide for truck access and loading and shall be suitably screened from view and set back from property lines.

(3) For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials (including but not limited to newspaper, glass bottles and jars, aluminum, tin and bimetal cans or containers, plastic containers, high-grade paper, and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one to four weeks' accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development. All separated storage areas shall be designed for truck access and pick up of materials, and shall be suitably screened from view if located outside of a building and be located in the rear yard where possible.

C. The common storage areas referred to in Subsection B(2) and the separated or common storage areas referred to in Subsection B(3) above shall, in addition to the requirements set forth in said subsections, be constructed and maintained as follows:

(1) The dimensions of the recycling storage areas shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Township Recycling Coordinator, and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Township Master Plan.

(2) The recycling storage area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

(3) The recycling storage area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

(4) The recycling storage area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid or otherwise covered, so as to keep the paper or cardboard dry.

(5) Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

(6) All outdoor recycling storage areas shall be screened by a solid uniform wall or fence. Landscaping shall also be provided around any outdoor recycling storage area in an aesthetically pleasing manner.