A.
Forms for filing applications for development, and information regarding
the steps that development should take, as well as the regular meeting
dates of the Planning Board, shall be obtained by the applicant from
the Planning Board's Administrative Officer.
B.
Applications for site plan review approval, subdivision approval,
conditional use approval, planned development approval, or any other
development within the jurisdiction of the Planning Board shall be
submitted to the Administrative Officer at least 21 days prior to
a work meeting of the Planning Board.
C.
The applicant shall submit for filing 20 copies of all plats, maps
or other plans required for a complete application and the applicant
shall inform the Planning Board's Administrative Officer within 48
hours of filing. In addition, the applicant shall submit for filing
the following:
(1)
Certification of nonapplicability pursuant to the Industrial
Site Recovery Act (ISRA), N.J.S.A. 13:1K et seq., and N.J.A.C. 7:26B
et seq., for industrial properties.
(2)
A preliminary assessment (PA)/site investigation (SI) report
in accordance with NJDEP technical requirements for site remediation
(N.J.A.C. 7:26E).
(3)
A "no further action" (NFA) determination from the NJDEP or
a response action outcome issued by a licensed site remediation professional
for each area of concern (AOC), or similar agency declaration issued
by the New Jersey Department of Environmental Protection for a known
contaminated site (KCS), or for any site in which a release, or a
suspected release, of any reportable contaminants has occurred.
D.
In the case of applications for final approval of a major subdivision,
the application shall include the originals and processed tracings,
as required by the Map Filing Law, N.J.S.A. 45:23-9-9. Any amended
application, together with any amended plats, maps or other plans,
shall be submitted for filing in the same manner as the original application.
A.
Site plans.
(1)
Upon the submission of a complete application for a site plan
which involves 10 acres of land or less or 10 dwelling units or less,
the Planning Board shall grant or deny preliminary approval within
45 days of the date of such submission, or within such further time
as may be consented to by the applicant.
(2)
Upon submission of a complete application for a site plan which
involves more than 10 acres or more than 10 dwelling units, the Planning
Board shall grant or deny preliminary approval within 95 days of the
date of such submission, or within such further time as may be consented
to by the applicant.
A.
Preliminary approval of a major subdivision or site plan, except as provided in Subsection B of this section, shall confer upon the applicant following rights for a three-year period from the date of preliminary approval.
(1)
General terms and conditions not changed.
(a)
The general terms and conditions on which preliminary approval
was granted should not be changed, including but not limited to:
[1]
Use requirements;
[2]
Layout and design standards for streets, curbs
and sidewalks, if any;
[3]
Lot size, yard dimensions and off-tract improvements;
[4]
In the case of a site plan, existing natural resources
to be preserved on the site;
[5]
Vehicular and pedestrian circulation, parking and
landing;
[6]
Screening, landscaping and location of structures;
[7]
Exterior lighting for both reasons of safety and
lighting.
(b)
Except that nothing herein shall be construed to prevent the
Township Council from modifying, by ordinance, such general terms
and conditions of preliminary approval, as related to public health
and safety.
(c)
The applicant may submit for final approval on or before the
expiration date of preliminary approval the entire or a section or
sections of the preliminary subdivision plat or site plan.
(d)
The applicant may apply for, and the Reviewing Board may grant,
extensions of such preliminary approval for additional periods of
at least one year, but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
B.
In the case of a subdivision or site plan of an area of 50 acres or more, the Reviewing Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time longer than three years, as shall be determined by the Reviewing Board to be reasonable and taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Reviewing Board may grant an extension of preliminary approval for such an additional period of time as shall be determined by the Reviewing Board to be reasonable and taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
A.
The Reviewing Board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by this chapter for final approval,
the conditions of preliminary approval, and, in the case of a major
subdivision, the standards prescribed by the Map Filing Law, N.J.S.A.
46:23-9-9, provided that, in the case of a planned development, the
reviewing body may permit minimal deviations from the conditions of
preliminary approval necessitated by change of condition beyond the
control of the developer, since the date of preliminary approval,
without the developer's being required to submit another application
for development for preliminary approval.
B.
Final approval shall be granted or denied within 45 days after submission
of a complete application or within such further time as may be consented
to by the applicant. Failure of the Reviewing Board to act within
the period prescribed shall constitute final approval of the application,
as submitted. A certificate of the secretary of the Reviewing Board
as to failure of the Reviewing Board to act shall be issued at the
request of the applicant; and it shall be sufficient, in lieu of the
written endorsement or other qualified evidence of approval.
C.
A complete application for final approval shall consist of the following,
where applicable.
(1)
A properly completed final subdivision or site plan approval
form;
(2)
The required fee or fees, as established in this chapter.
(3)
A site plan in final form, including all the information shown
on the preliminary plat and conditions of preliminary approval;
(4)
A subdivision plat conforming to the Map Filing Law, N.J.S.A.
46:23-9-9.
(5)
Confirmed payment of property taxes, liens fees, etc.
D.
In the event that a release or suspected release of any reportable
contaminants as required by NJDEP, USEPA, or any other applicable
authority, statute or act, is discovered during investigation/site
activities after approvals have been granted, the applicant shall
immediately notify the Board, and all rights previously granted for
approval shall be suspended and tolled until such time that an NFA
letter is issued by NJDEP for all AOCs is submitted to, and accepted
by, the Board.
A.
The requirements applicable to the preliminary approval first granted
and all other rights conferred upon the developer pursuant to this
chapter, whether conditionally or otherwise, shall not be changed
for a period of two years after the date of such final approval, provided
that in the case of major subdivisions, the rights conferred by this
section shall expire if the plat has not been duly recorded within
the time period provided in this chapter. If the developer has followed
the standards prescribed for final approval and, in the case of a
subdivision, has duly recorded the plat as required by this chapter,
the Reviewing Board may extend such period of protection for extensions
of one year, but shall not exceed three extensions. Notwithstanding
any other provision of this chapter, the granting of final approval
terminates the time period of preliminary approval, pursuant to this
chapter for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned development of 50 acres or more, or a conventional subdivision or a site plan of 150 acres or more, the Reviewing Board may grant the rights referred to in Subsection A of this section for such period of time longer than two years, as shall be determined by the Reviewing Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible after final approval, economic conditions, site conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Reviewing Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Reviewing Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and nonresidential floor are remaining to be developed: economic condition, impacts to the Township; and the comprehensiveness of the development.
A.
The Planning Board may waive notice and public hearing for an application
for development if the Development Review Committee finds that the
application for development conforms to the definition of minor subdivision
set forth in this chapter. Minor subdivision approval shall be deemed
to be final approval of the subdivision by the Board, provided that
the Board may condition such approval on terms, ensuring the provision
of improvements pursuant to this chapter.
B.
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application 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
minor subdivision approval and a certificate of the secretary of the
Planning Board as to the failure of the Planning Board to act shall
be issued at the request of the applicant and it shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required and shall be so accepted by the County Clerk for purposes
of filing subdivision plats.
C.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval, unless, within such period, a plat in conformity
with such approval and the provisions of the Map Filing Law, N.J.S.A.
46:23-9.9, or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Township
Engineer and the Township Tax Assessor. Any such plat or deed accepted
for such filing shall have been signed by the Chairman and the Secretary
of the Planning Board. In reviewing the application for development
for a proposed minor subdivision, the Planning Board may accept a
plat not in conformity with the Map Filing Law, provided that, if
the developer chooses to file the minor subdivision as provided herein
by plat rather than deed, such plat shall conform to the provisions
of said act.
D.
The zoning district requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided herein.
A.
Final approval of a major subdivision shall expire 95 days from the
date of signing of a plat, unless, within such period, the plat shall
have been duly filed by the developer with the County Clerk. The Reviewing
Board may, for good cause shown, extend the period of recording for
an additional period not to exceed 190 days from the date of signing
the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing
to the plat the signature of the Chairman and Secretary of the Reviewing
Board, or a copy of the certification by the secretary of the Reviewing
Board, indicating that the Reviewing Board failed to reach a decision
on the subdivision application within the prescribed time. The signatures
of the Chairman and Secretary of the Reviewing Board shall not be
affixed until the developer has posted the guarantees required pursuant
to this chapter.
A.
Building permits for individual lot applications involving only detached
one- or two-dwelling-unit buildings.
B.
Accessory uses, such as private garages, unless it is part of an
apartment or townhouse project.
C.
A sign for an existing use or structure, which meets all applicable
zoning requirements, as determined by the Zoning Officer.
D.
Other buildings incidental to residential or agricultural land use.
E.
In connection with the alteration or repair of an existing building
or use when the Zoning Officer determines that said alteration or
repair:
(1)
Will not result in additional lot coverage;
(2)
Will conform to the maximum and minimum building standards set
forth in this chapter;
(3)
Will not increase the number of required off-street parking
or loading spaces;
(4)
Is not proposed in connection with a use requiring conditional
use approval.
A.
Applications for subdivision and site plan review and approval shall
be made to the Logan Township Planning Board following the procedures
contained in this chapter.
B.
Any application for subdivision or site plan review and approval
shall at a minimum include or be accompanied by:
(1)
Adequate proof that no taxes or assessments for local improvements
are due or delinquent on the subject property.
(2)
Evidence that the proposed subdivision or site plan conforms
with all other applicable provisions of other sections of this chapter;
if not, the exact nature of any variance or waiver required.
(3)
Maintenance arrangements for any common open space to be included
as part of the development.
A.
In cases requiring subdivision review and approval, applications for development shall be in accordance with the provisions of Article IV, Section 1, of this chapter and shall be accompanied by information and documentation specified in this section.
B.
Proposed subdivisions which are found by the Development Review Committee
to comply with the definition of a minor subdivision contained in
this chapter shall be considered and reviewed according to specific
procedures contained in this chapter. In the case of minor subdivisions,
the Planning Board may determine, either by general rule or in special
cases, that a public hearing may be waived. The first approval given
a minor subdivision shall be deemed to be final approval of the subdivision,
provided that the Development Review Committee may condition such
approval on terms insuring the provision of improvements, pursuant
to the applicable sections of this chapter.
C.
The application form for minor subdivision review shall be completed
and shall be accompanied by a plat signed and sealed by a licensed
land surveyor, which plat shall be a certified survey of the tract,
at the suitable scale to enable the entire tract to be shown on one
sheet and which shall show or include the following information:
(1)
A key map showing the entire subdivision in relation to the
surrounding area and roadway system. The key map shall be taken from
the Logan Township Zoning Boundaries Map, with the property plotted
therein;
(2)
All existing structures, roadways, driveways and wooded areas
within the parcel to be subdivided and within 200 feet of said parcel;
(3)
The name and address of the owner and applicant, as well as
the name of all property owners within 200 feet, as disclosed by the
most recent municipal tax records;
(4)
Cover sheet signature block. Title block denoting type of application,
municipality, county, Tax Map sheet, block and lot and street address.
Schedule of zoning requirements and conformance to same;
(5)
The Tax Map sheet, block and lot numbers;
(6)
All existing and proposed street and easements (including public
utility easements) within or adjoining the proposed subdivision, with
right-of-way widths clearly indicated;
(7)
The dimensions of all proposed lot lines of all new lots being
created and parcels being retained; and any existing lot lines to
be eliminated by the proposed subdivision shall be clearly indicated;
(8)
Location, size and direction of flow of all streams, brooks,
lakes, wetlands and floodplain, watercourses, drainage structures
and drainage ditches in the area to be subdivided and 300 feet of
the proposed subdivision;
(9)
North arrow, written and graphic scales, the date of preparation
and revision dates;
(10)
Acreage of the entire tract and new parcels being proposed;
(11)
Number of new lots being created;
(12)
Name and address of the owner, subdivider/applicant and professional
preparing the plat with raised seal and original signature;
(13)
The classification of the zoning district or districts in which
the proposed subdivision is located;
(14)
The location of any proposed open space or recreation area;
(15)
Soil types shall be plotted on the plat as determined from SCS
Soil Survey Maps or a field survey by a qualified soil scientist;
(16)
A copy of any covenants or deed restrictions that is intended
to cover all or any part of the tract;
(17)
Building envelope(s) and setbacks;
(18)
A certificate title signed by a member of the New Jersey Bar
or Title Officer or authorized agency of a title insurance company
licensed to do business in the State of New Jersey, which certificate
shall confirm that the owner is the applicant as shown on the plat.
(19)
A survey showing the location of all boundaries of the subject
property, the location of all proposed development, and existing or
proposed facilities to provide water for the use and consumption of
occupants of all buildings and sanitary facilities which will serve
the proposed developments. The following information shall be included
with respect to existing or proposed sanitary facilities.
(a)
On-site treatment and holding facilities. Location, size, type
and capacity of any proposed on-site wastewater treatment or holding
facilities or the location and size of sanitary sewer collection line.
(b)
Soil borings and percolation tests. If on-site sewage disposal
is proposed, results of soil borings and percolations tests, in accordance
with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant
thereto, shall be submitted at suitable locations with a tract map
showing location, logs, elevation of all test holes, indicating where
groundwater was encountered, estimating the seasonal high water table
and demonstrating that such facility is adequate to meet the water
quality standards contained in this article.
In cases requiring subdivision review and approval, applications for development shall be in accordance with the provisions of Article IV, Section 1, of this chapter and shall be accompanied by information and documentation specified in this section.
A.
Cover sheet signature block. Title block denoting type of application,
municipality, county, Tax Map sheet, block and lot and street address.
Schedule of zoning requirements and conformance to same.
B.
Major subdivision sketch plats for discussion purposes shall be drawn to a scale of not less than one inch equals 200 feet and shall, as a minimum, include the items in Subsection C(1) through (19) of Section 10 of this article, Minor subdivision: plat details.
C.
Applications for major subdivisions shall be made for preliminary
review and approval by the Planning Board and appropriate application
forms to be provided by said Planning Board:
(1)
Preliminary submission requirements. An application for preliminary
plat review and approval shall include a completed application form,
together with a preliminary plat which shall be:
(a)
Clearly and accurately drawn or reproduced at a suitable scale
and not less than one inch equals 100 feet;
(b)
Prepared by a professional engineer and licensed land surveyor
with certification blocks per the New Jersey Map Filing Law indicating
that the outbounds of the tract have been accurately located;
(d)
And show or be accompanied by the following information:
[1]
A key map, based on the Logan Township Zoning Boundaries
Map, showing: the entire subdivision, the proposed street pattern
in the area to be subdivided; the distance to the nearest existing
developed area; and the relationship of the subject tract to the surrounding
area and road system;
[2]
The name of the proposed subdivisions; applicable
municipal Tax Map sheets; block and lot numbers; preparation date
and revisions; North arrow; the reference meridian; graphic and written
scale; and the following names and addresses:
[a]
Name and address of the record owner or owners
and the name of all adjoining property owners, as disclosed by the
most recent municipal tax records;
[b]
Name and address of the subdivider/applicant;
[c]
Name and address of the professional who prepared
the plat with raised seal and original signature.
[3]
Acreage, separately listing acreage of riparian
lands, of the tract to be subdivided to the nearest tenth of an acre
and the number of lots to be formed. The dimensions of all proposed
lot lines of all new lots being created and parcels being retained
to the nearest foot and any existing lot lines to be eliminated by
the proposed subdivision shall be clearly indicated.
[4]
The location of:
[a]
Existing and proposed property lines;
[b]
Existing or proposed railroads or bridges;
[c]
Existing buildings and structures with an indication
of whether they will be retained or removed.
[d]
Proposed building setback lines from streets;
[e]
The outline of any wooded areas, together with
the limit of any proposed clearing and trees 30 inches in diameter
or greater; and
[f]
Vegetation information, as outlined in this chapter,
may be required in any major subdivision application at the request
of the Logan Township Planning Board.
[5]
Profiles and cross sections of proposed streets
within the subdivision and existing street and highways abutting the
subdivision. Typical cross-sections of streets shall clearly indicate
the type and width of paving, location of curb, location and sidewalks
and street tree locations. Buffer or screen planting locations, any
existing or proposed sight triangles at intersections and the radius
of the curblines shall be indicated.
[6]
Elevation contours as outlined in this chapter.
All contour lines shall be referenced to the National Geodetic Vertical
Datum, 1929. Appropriate contour designations shall show existing
ground elevations and proposed elevation in any areas to be regarded.
[7]
All existing watercourses shall be shown and the
application shall include or be accompanied by the following data:
[a]
In cases where a brook or stream is proposed for
alteration, improvement or relocation or when any structures are proposed
within the ordinary high water mark of a stream with a drainage area
of 1/2 square miles or a stream encroachment permit, issued by the
New Jersey Division of Water Resources, Bureau of Water Control, shall
accompany the application.
[b]
Cross-sections of all watercourses at an appropriate
scale, showing extent of floodplain, top of bank, normal water level
and abutting lot elevations at the following locations:
[c]
When ditches, streams, brooks or watercourses are
involved, improved or relocated, the method of stabilizing slopes
and measures to control erosion and siltation, as well as typical
ditch section profiles, shall be shown on the plat or accompanying
it.
[d]
The boundaries of the floodplain and special flood
hazard areas of all watercourses within or adjacent to the subdivision
as are shown on the Logan Township Flood Insurance Rate Maps.
[e]
Profile of stream bed 300 feet upstream and downstream
from subject property limits.
[8]
The total acreage of the drainage basin, upstream
of the proposed subdivision of any watercourse, running through or
adjacent to said subdivision.
[9]
The total acreage of the drainage basin (of which
the subdivision is part) to the nearest downstream drainage structure.
[10]
The location and extent of drainage or conservation
easements and stream encroachment lines.
[11]
The location, extent and water level of all existing
or proposed lakes or ponds located within or adjacent to the subdivision.
[12]
Storm drainage system; sewage collection; water
distribution systems.
[a]
The plat shall show or be accompanied by plans
and computation for a storm drainage system, including the following:
[i]
All existing or proposed storm sewer lines within
or adjacent to the subdivision, showing size and profile of the lines,
direction of flow and location of manholes and inlets and all calculation
sheets used for the design of the proposed storm sewer system.
[ii]
The location and extent of any proposed dry wells,
groundwater recharge basins, retention basins or other water conservation
devices. Plans of proposed utility layouts (sewer, storm drains, water,
gas, electricity) shall be included and shall indicate feasible connections
to existing or proposed utility systems.
[b]
Any sewage collection or water distribution systems
must have preliminary approval be the Logan Township Municipal Utility
Authority. When a private, centralized water supply of sewage facility
system is proposed, the plans for such a system must have the approval
of the Logan Township Municipal Utility Authority and appropriate
county and state agencies.
[c]
When a public or acceptable private community sewage
system is not available or proposed for development within a reasonable
period of time, as determined by the Planning Board, uniformly distributed
soil borings to first groundwater or a maximum of 20 feet and percolation
tests, as specified in the table below, and the results, including
the date made, together with evidence of submission to the County
Health Department, must be submitted with the preliminary plat. Depth
to seasonal high water at each percolation test location shall also
be submitted. Any subdivision or part thereof which does not meet
with the established sewage collection and treatment requirements
of this chapter or other applicable Logan Township regulations shall
not be approved.
[d]
Any remedy proposed to overcome the shortcoming
shall be first approved by the appropriate local, county or state
agencies. In addition, soil borings and percolation tests shall be
provided at all dry wells, recharge basins and retention basins. Percolation
tests shall be taken at the approximate depth of the recharge facility.
[e]
All retention or detention facilities shall be
designed to be a minimum of two feet from bottom of facility to maximum
groundwater, as determined by mottling or other approved methods.
|
Soil Borings and Percolation Tests
(Individual Septic Systems)
| ||
|---|---|---|
|
Development Acreage
|
Number of Soil Borings
|
Number of Percolation Tests
|
|
0 to 5
|
2
|
2
|
|
5 to 20
|
4
|
6
|
|
20 to 50
|
5
|
10
|
|
50 to 75
|
7
|
15
|
|
75 to 100
|
10
|
20
|
|
Over 100
|
1/ea. 10 AC
|
2/ea. 10 AC
|
[13]
Any lands to be dedicated or reserved for public
use shall be clearly indicated.
[14]
The location of all underground or surface utilities
and easements to accommodate them shall be clearly identified.
[15]
A copy of any protective covenants or deed restrictions
proposed for application to the land being subdivided shall accompany
the preliminary plat.
[16]
The location of standards, distance from intersections
and illumination factors for all streetlighting shall be included.
[17]
An area acceptable to the Planning Board as to
location and shape, suitable for Township recreation purposes, shall
be shown. Such area shall comprise not less than 15% of the land area
to be developed and shall be developed according to this chapter.
Such parcels, when approved by the Planning Board, constitute an amendment
to the Logan Township Comprehensive Management Plan and may be donated
by the developer to the Township or will be reserved for a period
of one year from the date of preliminary approval, during which time
the Township may institute acquisition procedures.
[18]
A soil erosion and sediment control plan.
[19]
Sight triangle provided in accordance with ordinance
requirements.
[20]
Letters from utility companies and municipal utility
authority stating that public water and sewer is available, including
capacity.
[21]
Traffic impact statement including existing traffic
counts with a minimum of seven consecutive days for a twelve-hour
cycle from 6:30 a.m. to 6:30 p.m. for the impacted area. Traffic counts
should be conducted such they are representative of typical and peak
usage in the area.
[22]
Community/financial impact statement (CIS/FIS)
specifically related to Logan Township and Gloucester County in coordination
with local school districts.
[23]
The location and design of any off-street parking
or loading areas, showing size and location of bays, barriers, pedestrian
access, vehicular access and number of parking or loading spaces,
and calculations on which parking is based.
[24]
A list of other agencies requiring their approval
and the status of the application of these agencies.
D.
Final submission requirements.
(1)
Final submission plats shall be accompanied by an appropriate
completed application form; shall be drawn in ink on translucent tracing
cloth or its equivalent at a suitable scale; and shall comply with
all provisions of the Map Filing Law (N.J.S.A. 45:23-9.9 et seq.).
The final plat shall show, or be accompanied by, only that information
and those details specified in the aforementioned New Jersey Map Filing
Law or in the following list:
(a)
Date, location and name of the subdivision, name of the owners,
graphic scale and reference meridian.
(b)
Tract boundary lines, right-of-way lines of streets, street
names, easements and other rights-of-way, land to be reserved or dedicated
to public use, lot lines and other site lines, all with accurate dimensions
bearings or deflection angles and radius, arcs and central angles
of all curves.
(c)
The purpose of any easement or land reserved or dedicated to
public use shall be designated and the proposed use of sites other
than residential shall be noted.
(d)
All natural and artificial watercourses, streams, shorelines,
water boundaries and encroachment lines shall be shown.
(e)
Each block shall be numbered and the lots within each block
shall be numbered consecutively beginning Number 1.
(f)
Minimum building setback lines on all lots and other sides.
(g)
Location and description of all monuments.
(h)
Names of owners of adjoining land parcels.
(i)
Certification by a licensed land surveyor as to the accuracy
of details of the plat.
(j)
Certification that the applicant is owner, or equitable owner,
of the land or a representative thereof, or that the owner has given
consent under the option agreement.
(k)
An updated certification from the Tax Collector that there are
no delinquent taxes charged to the property involved in the subdivision.
(l)
The preliminary plat, engineering details, cross-sections and
profiles of streets and plan and profiles of storm drainage systems
approved by the Township Engineer shall be required to accompany the
final plat with all conditions of preliminary approval met and reviewed
by the engineer prior to the final plat submission.
(m)
If applicable, plans and profiles of sanitary sewers and water
mains, approved by the municipal utilities authority, will be required
to accompany the final plat.
(n)
When approval of a plat is required by an officer or body of
the municipality, county or state, approval shall be certified on
the plat prior to its filing in the office of the County Clerk.
(o)
All approvals, notices and permits from other agencies.
(p)
Performance guarantees, approved by the municipal Solicitor
as to form and the municipal Engineer as to amount, sufficient to
insure the satisfactory completion of improvements and facilities
as required by the resolution of the Planning Board granting preliminary
approval.
(2)
The developer's engineer shall submit a detailed engineer's
estimate for review and approval by the municipal Engineer.
In cases requiring site plan review and approval, applications for development shall be in accordance with the provisions of Article IV, Section 1, of this chapter and shall be accompanied by information and documentation specified in this section.
A.
Preliminary submission requirements.
(1)
Site plans submitted for conventional developments shall include
materials that clearly show conditions on the site at the time of
the application, the features on the site which are to be incorporated
into the proposed development, and the appearance and function of
the proposed development. The various elements of the site plan shall
be prepared by professionals, as required by N.J.S.A. 13:40-7.1, licensed
to practice in the State of New Jersey, according to the following
instructions and including the following information and data:
(a)
Cover sheet signature block. Title block denoting type of application,
municipality, county, Tax Map sheet, block and lot and street address.
Schedule of zoning requirements and conformance to same.
(b)
Site plans shall be drawn to a scale of not less than one inch
equals 100 feet. All distances shall be in decimals of a foot and
all bearings shall be given to the nearest tenth-second and the error
of closure of the tract shall be 1:10,000 and certified by a licensed
land surveyor.
(c)
A key map showing the entire parcel to be developed and its
relation to the surrounding area, based on the Logan Township Zoning
Map.
(d)
Title of development, North point, written and graphic scales,
name, address of record owner and professionals preparing the site
development plan with their business address, raised seal and original
signature affixed to said plans, date of preparation and revision
dates.
(e)
The name of the owners of record of all properties within 200
feet of the site and the block and lot numbers of such adjacent properties.
(f)
All existing school, zoning and special district boundaries
located on or adjacent to the property involved. Such boundaries shall
be shown on the key map accompanying the detailed site plan.
(g)
The total acreage, separately listing acreage of riparian lands,
and boundaries of the property involved, building or setback lines
of existing streets, lots, reservations, easements and other areas
dedicated to public use.
(h)
The location of existing buildings and all other structures
such as, but not limited to, signs, culverts, bridges (with spot elevations
of such structures), walls, fences, roadways and sidewalks. Location
of driveways within 200 feet.
(i)
The identification and location of all proposed improvements,
including use areas, buildings, structures (including fences, roadways,
driveways and sidewalks) and special sites for individual uses, all
including proposed grades.
(j)
Written description for each proposed nonresidential building
including maximum number of employees, number of shifts, and hours
of operation.
(k)
Demolition plan including tree removal and clearing limits.
(l)
Sight triangle provided in accordance with ordinance requirements.
(m)
Letters from utility companies and municipal utility authority
stating that public water and sewer is available, including capacity.
(n)
Soil erosion and sediment control plan.
(o)
Traffic impact statement including existing traffic counts with
a minimum of seven consecutive days for a twelve-hour cycle from 6:30
a.m. to 6:30 p.m. for the impacted area. Traffic counts should be
conducted such they are representative of typical and peak usage in
the area.
(p)
Community/financial impact statement (CIS/FIS) specifically
related to Logan Township and Gloucester County in coordination with
local school districts.
(q)
The location and design of any off-street parking or loading
areas, showing size and location of bays, barriers, pedestrian access,
vehicular access and number of parking or loading spaces, and calculations
on which parking is based.
(r)
All means of vehicle access and egress proposed for the site,
showing size and location of driveways and driveway or curb openings
to existing public streets. Provide truck turning templates for tractor
trailer, fire and waste hauling represented on the plan.
(s)
Location of all storm drainage pipes, structures and watercourses,
whether publicly or privately owned, with pipe sizes, grades and direction
of flow, whether existing or proposed, and, also whether above or
below the ground surface.
(t)
Existing topography with a contour interval of one foot where
slopes are 3% or less, two feet where slopes are more than 3% but
less than 15%, and five feet where slopes are greater than 15%, referenced
to the National Geodetic Vertical Datum of 1929 and indicated by a
dashed line. Where any regrading is proposed, finished grade contours
should be shown in solid lines.
(u)
Location of existing high point, depressions, ponds, marshes, wooded areas and other significant existing natural features. Vegetation information, as outlined in Article IX, may be required at the request of the Planning Board. Watercourses and public roads located within 1,000 feet of the site shall be shown on the key map.
(w)
A certified survey, prepared by a land surveyor licensed in
the State of New Jersey, shall accompany site plans and show the boundaries
of the parcel and the limits of all proposed streets, recreation areas
and other property to be dedicated to public use or to common open
space. In the case of new commercial, industrial or public buildings,
the site plan shall be accompanied by colored preliminary architectural
floor plans and elevations, with the name, address, professional number
and seal of the architect who is licensed in the State of New Jersey.
(x)
All proposed street profiles and cross-sections shall be shown,
indicating width of sidewalks and location and size of utility lines,
according to the standards and specifications of Logan Township. Such
features are to be shown on a separate map, when necessary.
(y)
Location of all proposed sewer and water lines, valves, hydrants
and other appurtenances or alternative means of water supply and sewage
disposal and treatment in conformance with the applicable standards
of the appropriate Township, county and state agencies.
(z)
The proposed positioning, direction, illumination, wattage and
periods of operation of all proposed outdoor lighting to be used anywhere
on the site or in connection with the applicable standards of the
appropriate Township, county and state agencies.
(aa)
Location of all proposed signs, their size, nature
of construction, height and orientation, including all identification
signs, traffic and directional signs and free-standing and facade
signs, together with the nature and time control of sign lighting.
(bb)
Proposed screening and landscaping plan as outlined in Article V and appropriate zone involved.
(cc)
A copy of any covenants or deed restrictions that
are intended to cover all or any part of the tract.
(dd)
Stormwater management plan and calculations, designed
to produce no greater volume of surface run-offs from the site subsequent
to development than that existing prior to development. Provide NJDEP
low-impact development checklist.
(ee)
Such other information or data as may be required
by the Planning Board, as set forth in its rules of procedure, in
order to determine that the proposed development is in accord with
the Master Plan and all applicable ordinances of Logan Township.
(ff)
A listing of other required permits from agencies
having jurisdiction and the status of each permit required.
(gg)
Multifamily residential developments and planned
unit residential developments shall provide a plan, identifying the
location and details of recreation facilities, required pursuant to
the requirements of this article.
(2)
In any case of any planned development, the application for
site plan review shall be accompanied by 15 copies of all site plans
and other documenting material. Prior to the determination of completeness
of the application for preliminary approval of any planned development
under the terms of this chapter, the Planning Board administrative
officer shall, insofar as possible, secure the advice of the Township
Engineer and all other experts hired by the Planning Board to review
planned development applications concerning the adequacy of plans
submitted and the completeness of the submission. In addition to the
materials and data required in connection with conventional site plan
applications, as set forth above, an application for planned development
shall show or be accompanied by:
(a)
An open space management report setting forth the form of organization
proposed to own or maintain the common open space.
[1]
Information shall be provided establishing that
the association or other entity proposed to administer such common
open space will have adequate funding and a sufficient organization
to properly maintain, repair and replace such open space and its structures
and facilities.
(b)
The use, approximate height and bulk of proposed buildings and
other structures.
(c)
Modification of existing Township ordinance requirements governing
streets or ways or the use, density and location of buildings or structure
being requested.
(d)
The projected schedule for development and the approximate times
when final approvals will requested. If phased development, a phasing
plan demonstrating that any section, if built, will provide adequate
drainage and utility systems.
(e)
A statement as to why the public interest would be served by
the proposed development.
B.
Final submission requirements. Site plans shall be submitted for
final approval in accordance with the provisions of this chapter and
shall contain or be accompanied by the following:
(1)
An affidavit setting forth the names and addresses of all record
title owners of the subject property included on the site plan and
the consent, in writing, of all such owners to the approval of the
site plan.
(2)
Information and data contained in the submission for preliminary
approval. Final site plans shall be drawn to a scale of not less than
50 feet to the inch.
(3)
Any site plans revisions, additional data or revised documentation
required by the Planning Board in its resolution granting preliminary
approvals.
(4)
Offer of dedication of streets or other public ways and deeds
for any public open space resulting from preliminary development approvals.
(5)
Performance guarantees, approved by the municipal Solicitor,
as to form, and the municipal engineer, as to amount, sufficient to
ensure the satisfactory completion of improvements and facilities,
as required by the resolution of the Planning Board granting preliminary
approval. The developer's engineer shall submit a detailed engineer's
estimate for review and approval by the municipal engineer.
(6)
A statement from the municipal engineer that adequate construction
plans for all streets, drainage and other facilities covered by the
Township standards are adequate and comply with Township standards.
(7)
All approvals from other agencies having jurisdiction.
C.
Common open space documents. These documents shall ensure the adequate
organization and financial soundness of the association or other entity
proposed to own or maintain the common open space. Such documents
shall include:
(1)
Articles of incorporation for any homeowner's association, condominium
association or other organization to be established to maintain the
common open space.
(2)
A master deed or declaration of covenants and restrictions detailing
the rights and privileges of individual owners and residents, restricting
the use of the common open space and establishing a system of fees
assessed against individual owners. A proposed schedule of membership
fees for at least the first five years of operation shall be provided.
(3)
Bylaws and membership rules and regulations of any such organization
defining the details of its organization and operation.
A.
The Planning Board may waive any of the requirements or details specified
to be shown on the site plan in the case of a particular application,
if the applicant can demonstrate to the Planning Board's satisfaction
that certain required site plan data are not necessary to be shown
in order for the Planning Board to be able to determine clearly that
all Comprehensive Plan proposals and policies and all Logan Township
ordinance provisions will be complied with by the proposed developer
and that the proposed development will have no deleterious effect
on neighboring properties.
B.
Before waiving any application requirements, the Planning Board shall,
on the advice of its professional advisors, make a finding that the
development plan in question will provide sufficient materials and
information to assure the adequate protection of the health, safety
and public welfare of the people of Logan Township. This section also
refers to site plan submittals to the Zoning Board.
In cases requiring planned development/general development plan review and approval, applications for development shall be in accordance with the provisions of Article IV, Section 1, of this chapter and shall be accompanied by information and documentation specified in this section.
A.
Findings for planned developments. Prior to approval of such planned
developments, the Planning Board shall find the following facts and
conclusions:
(1)
That departures by the proposed development from zoning regulation
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to N.J.S.A. 40:55D-65.
(2)
That the proposals, including financial assurances, for maintenance
and conservation of the common open space and any proposed private
infrastructure are reliable and the amount, location and purpose of
the common open space are adequate.
(3)
That provisions throughout the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic, and the amenities of light and air, recreation and visual
enjoyment are adequate.
(4)
That the proposed planned development will not have an unreasonable
adverse impact upon the Township or the area in which it is proposed
to be established.
(5)
In the case of a proposed development, which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
B.
General development plan; duration.
(1)
The general development plan shall set forth the permitted number
of dwelling units, the amount of nonresidential floor space, the 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. The planned development
shall be developed in accordance with the general development plan
approved by the Planning Board, notwithstanding any provision of P.L.
1975, C.291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulation
adopted pursuant thereto after the effective date of approval.
(2)
The term of the effect of the general development plan approval shall be determined by the Planning Board, using the guidelines set forth in Subsection B(3) of this section, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development.
(a)
The developer must obtain final approval of the first section
of the planned development within five years of the date the developer
received approval of the planned development or, upon the failure
to obtain final approval of the first section within five years, the
approval for the entire planned development shall expire. In the event
of expiration of the approval, the conditional use shall be deemed
terminated with respect to any portion of the planned development
not yet constructed, and existing zoning requirements shall thereafter
govern such portion not yet constructed. In the event of expiration
of approval, the applicant's obligation to complete improvements secured
by performance guarantees shall not be affected by such expiration.
(3)
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 capability 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.
C.
General development plan contents. A general development plan may
include, but not be limited to, the following:
(1)
A general land use plan, at a scale specified by ordinance,
indicating the tract area and general locations of the land used 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 use shall
be set forth. In addition, the proposed types of 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 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. Riparian lands shall be listed
separately.
(2)
A circulation plan showing the general location and types of
transportation facilities, including facilities for pedestrian access
within the planned development and any proposed improvements to the
existing transportation system outside the planned development. Traffic
impact statement including existing traffic counts with a minimum
of seven consecutive days for a twelve-hour cycle from 6:30 a.m. to
6:30 p.m. for the impacted area. Traffic counts should be conducted
such they are representative of typical and peak usage in the area.
(3)
An open space plan showing the proposed land area and general
location of parks and any other land areas to be 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.
(4)
A utility plan indicating 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. Provide letters from utility companies and
municipal utility authority stating that public water and sewer is
available, including capacity.
(5)
A stormwater management plan, setting forth the proposed method
of controlling and managing stormwater on the site.
(6)
An environmental inventory, including a general description
of the vegetation, soils, topography, geology, surface hydrology,
climate and cultural resources of the site; existing man-made structures
or features; and the probable impact of the development on the environmental
attributes of the site.
(7)
A community facility plan, indicating the scope and type of
supporting community facilities, which may include, but not be limited
to, education or cultural facilities; historic sites; libraries; hospitals;
firehouses; 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, C222 (N.J.S.A. 52:27d-301 et al.) 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 and solid waste disposal.
(10)
A community/financial impact statement (CIS/FIS) describing
the anticipated demand on municipal services to be generated by the
planned development and any other financial impacts to be faced by
municipality or school districts as a result of the completion of
the planned development. The fiscal report shall also include a detailed
projection of property tax revenues which will accrue to the county,
municipality and school district according to the timing schedule
provided under the Unified Development Ordinance and following completion
of the planned development in its entirety.
(11)
A proposed timing schedule, in the case of a planned development
whose construction is contemplated to span more than a period of three
years, including any terms or conditions which are intended to protect
the interest of the public and of the residents who occupy any section
of the planned development prior to the completion of the development
in its entirety.
(12)
A municipal development agreement, which shall mean a written
agreement between a municipality and a developer relating to the planned
development.
(13)
A landscaping plan showing buffer areas and conceptual layout.
D.
General development plan approval procedure.
(1)
Any developer of a parcel of land greater than 100 acres in
size, for which the developer is seeking approval of a planned development,
shall submit a general development plan to the Planning Board prior
to the granting of preliminary approval of that development by the
Planning Board.
(2)
The Planning Board shall grant or deny general development plan
approval within 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.
E.
General development plan; timing schedule; modification. In the event
that the developer seeks to modify the proposed timing 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 condition; anticipated and actual needs for residential
units; nonresidential space within the municipality and the region;
and the availability and capacity of public facilities to accommodate
the proposed development.
F.
General development plan hearing on modification required.
(1)
Except as provided hereunder, the developer shall be required
to 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 ratio of nonresidential development in any section of the planned
development.
(2)
Any variation in the location of land uses or increase in density
or floor area ratio proposed in reaction to a negative decision of,
or condition of, development approval imposed by the Department of
Environmental Protection pursuant to P.L. 1973, C. 185 (N.J.S.A. 13:19-1
et seq.) shall be approved by the Planning Board if the developer
can demonstrate to the satisfaction of the Planning Board that the
variation being proposed is a direct result of such determination
by the Department of Environmental Protection, as the case may be.
G.
General development plan hearing on modifications not required.
(1)
Except as provided hereunder, once a general development plan
has been approved by the Planning Board, it may be amended or revised
only upon application by the developer approved by the Planning Board.
(2)
A developer, without violating the terms of the approval pursuant
to this chapter, may, in undertaking any section of the planned development,
reduce the number of residential units or amount of nonresidential
floor space by no more than 15%, or reduce the residential density
or nonresidential floor area ration by no more than 15%; provided,
however, that a developer may not reduce the number of residential
units to be provided, pursuant to P.L. 1985, c. 222 (N.J.S.A. 42:27D-301
et seq.) without prior municipal approval.
H.
General development plan certification upon completion; general development
plan failure to complete or comply; general development plan termination
of approval.
(1)
Upon completion of each section of the development, as set forth
in the approved general development plan, the developer shall notify
the administrative officer, by certified mail, evidencing that the
developer is fulfilling his obligations under the approved plan. For
the purpose of this section, "completion" of any section of the developments
shall mean that the developer has acquired a certificate of occupancy
for every residential unit or any nonresidential structure, as set
forth in the approved general development plan and pursuant to Section
15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the municipality
does not receive such notification at the completion of any section
of the development, the municipality shall not notify the developer,
by certified mail, in order to determine whether or not the terms
of approved plan are being complied with.
(a)
If the developer does not complete any section of the development
within eight months of the date provided for in the approved 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 10 days within which to give evidence
that he is fulfilling his obligations pursuant to the approved plan.
The municipality thereafter shall 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 approval shall be terminated 30 days thereafter.
(2)
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 that general development plan
approval within five years of the date upon which the general development
plan has been approved by the Planning Board, the municipality shall
have cause to terminate the approval.
I.
General development plan satisfactory completion. In the event that
a development which is the subject of an approved general development
plan is completed before the end of the term of the approval, the
approval shall terminate with the completion of the development. For
the purposes of this section, a development shall be considered complete
on the date upon which a certificate of occupancy has been issued
for the final residential and 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.
In reviewing development application for land subdivision or
site plan approval, the Planning Board will expect conformance of
design standards which will encourage: good development patterns in
the municipality; adherence to proposals, policies and standards contained
in the Master Plan; and consistence with the requirements of other
articles of this chapter
A.
This section is repealed and has been replaced by Ordinance No. 26-2008,
An Ordinance Amending the Mandatory Development Fee Requirements To
Assist the Township in Meeting Its Affordable Housing Obligations.
Ordinance No. 26-2008 or any future amendments shall apply to affordable
housing development fees.
B.
As of the date of this adoption, the State of New Jersey, due to
recent Court decisions, is in the process of amending the means by
which affordable housing rules and regulations are administered in
this state, as well as the affordable housing standards, conditions,
rules and regulations affecting a municipality's fair share affordable
housing obligation. Accordingly, all provisions of Ordinance No. 26-2008
not consistent with any prospective actions of the Courts or State
of New Jersey shall be deemed to have been severed.
