Logan Township City Zoning Code
ARTICLE II
General Provisions
Sec 1 Title.
A.
Long title. An ordinance establishing procedures, zoning, subdivision and site plan regulations covering the use and development of lands and structures, lot areas, lot coverage of buildings and other structures, population density, parking provisions, height, and to divide the Township of Logan into zoning districts, each with specific regulations in accordance with provisions of the New Jersey Municipal Land Use Law.
B.
Short title. This chapter shall be known and may be cited as the Logan Township Unified Development Ordinance or "UDO."
C.
Gender. Any use of the word "he" or "him" shall incorporate, by reference herein, both genders.
Sec 2 Authority.
A.
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq., commonly known as the Municipal Land Use Law, which confers the power to regulate the use of lands within its jurisdiction upon New Jersey municipalities.
B.
This chapter is also based upon the duly recognized police powers of a municipality and is an exercise of the same.
Sec 3 General intent.
It is the intent and purpose of this chapter:
A.
To encourage municipal action to guide the appropriate use or development of all lands in this Township in a manner which will promote the public health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made disasters.
C.
To provide adequate light, air and open space.
D.
To ensure the development of the Township in a way that does not conflict with the development and general welfare of neighboring municipalities, the county and the state, as a whole.
E.
To provide the establishment of appropriate population densities and concentrations which will contribute to the well-being of persons, neighborhoods and communities, and preservation of the environment.
F.
To encourage the appropriate and efficient expenditure of public funds by coordination of the public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of the citizens of Logan Township and of all New Jersey citizens.
H.
To encourage the location and design of transportation routes, which will promote the free-flow of traffic, while discouraging the location of such facilities and routes which result in congestion or blight.
I.
To promote desirable visual environment through creative development techniques and good civic design and arrangement.
J.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through the improper use of land.
K.
To encourage planned unit developments, which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site.
L.
To encourage senior citizen community housing construction.
M.
To encourage coordination of the various public and private procedures and activities, shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
N.
To promote the utilization of renewal energy sources.
O.
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to complement municipal recycling programs.
Sec 4 Establishment of controls.
The regulations established by this chapter are intended to meet those standards necessary to achieve the purposes and objectives of the Logan Township Master Plan and this chapter, and shall apply uniformly to each class or kind of structure or land. It is not the intention of this chapter to interfere with, abrogate or annul any easements, covenants or other agreements between the parties; provided, however, that, where this chapter imposes a greater restriction, that provisions of this chapter shall govern.
A.
Use of land, construction of buildings. On and after the effective date of this chapter, no land or building shall be used, developed, constructed, located, altered, rebuilt or enlarged for any purpose within Logan Township except in conformity with the restrictions and regulations established by this chapter for the district in which such land or building is located and in conformity with all other pertinent terms and provisions of this chapter.
B.
Existing uses and structures. In all districts, after the effective date of this chapter, any existing building or structure and all tracts of land, the use of which is not in conformity with the regulation for the district in which it is located, shall be deemed as nonconforming and subject to the appropriate regulations of this chapter governing such nonconforming lots, uses and structures.
C.
Failure to comply. Any use engaged or building constructed, rebuilt, altered and located on or after the effective date of this chapter, in violation of the restrictions and regulations established for the district in which it is located or in violation of the pertinent terms or provisions of this chapter, shall be changed, altered, corrected or relocated by the person who constructed or located such use or building and by the owner of the land on which it is situated so that both building and premises shall conform with all provisions of this chapter. Such change, alteration, correction and relocation shall be made within 30 days after notification in writing by the Zoning Officer to the person who constructed, altered or located the use or building and the owner of the land on which it is located. Such notification shall be by personal service on those to be served, or by certified or registered mail, return receipt requested, to the last known address of those to be served.
D.
Violations and penalties.
[Added 9-15-2020 by Ord. No. 14-2020]
(1)
Any person, partnership, corporation or entity violating any of the provisions of this Code shall be subject to a fine of not less than $250, nor more than $2,000. Each day that a violation exists shall constitute a separate offense. In addition, any permit or approval issued by the Township of Logan, or certificate relating to the application, whichever the case may be, may be revoked by the Township Council, Zoning Officer or the Code Enforcement Officer, at its option after due notice to the owner or applicant of the violation.
(2)
Notwithstanding the owner's or applicant's compliance, and any fines or penalties imposed from said violations, the Logan Township governing body, Planning Board or Zoning Board, as the case may be, may take such other legal action or institute such other proceedings in a court of competent jurisdiction to enforce the provisions of this Code or the provisions of any approval, permit or certificate granted.
Sec 5 Conformity with Master Plan.
A.
The Logan Township Council affirms by its adoption of this chapter that it has received and reviewed the Land Use and Housing Elements of the Logan Township Master Plan, as duly adopted by the Logan Township Planning Board, and that this chapter is substantially consistent with the recommendation and provisions of those elements.
B.
The statement of goals, objectives, principles, assumptions, policies and standards contained in the Logan Township Master Plan is adopted by reference and shall be considered applicable to this chapter.
C.
All future amendments to this chapter shall be made only after a review of the Land Use and Housing Elements of the Master Plan, and the same shall be in conformity with its statement of goals, objectives, principles, assumptions, policies and standards.
Sec 6 Planning Board.
A.
Planning Board. The Logan Township Planning Board is hereby established, pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-23 et seq.
B.
Membership. The Planning Board shall consist of nine members. For convenience in designating the manner of appointment, the membership shall consist of and be divided into the following four classes:
[Amended 2-6-2024 by Ord. No. 2-2024]
(1)
Class I: The Mayor, or the Mayor's designee in the absence of the Mayor.
(2)
Class II: One of the officials of Logan Township, other than a member of the governing body, to be appointed by the Mayor. A member of the Environmental Commission, who is also a member of the Planning Board, as required by N.J.S.A. 40:56A-1 et seq., shall be deemed by the Class II Planning Board member, if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.
(3)
Class III: A member of the Township Council, to be appointed by the Council.
(4)
Class IV: Six other citizens of Logan Township, to be appointed by the Mayor. Class IV members shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment or Historic Preservation Commission and one member may be a member of the Board of Education. A member of the Environmental Commission, who is also a member of the Planning Board, shall be a Class IV Planning Board member, unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education; in which case a member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
(5)
Compensation. The Class I and Class III members, including their designee, shall receive no compensation. The Chairman of the Planning Board shall receive compensation in the sum of $235 per regular Board meeting attended. The Class IV members (including alternate members) shall receive compensation in the sum of $145 per regular Board meeting attended. All members, except Class I and Class III members (including their designee), shall receive compensation in the sum of $250 per meeting for each special meeting attended. Such compensation shall be paid monthly and in proportion to the number of meetings attended during each month.
C.
Terms of office.
(1)
The terms of the member comprising Class I shall correspond with his official tenure. Terms of the members comprising Class II and Class III shall be for one year or terminated at the completion of their respective terms of office, whichever occurs first, except if the Class II member is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also an Environmental Commission member shall be for three years, or terminate at the completion of his term of office as a member of the Environment Commission, whichever occurs first.
(2)
The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided that the initial Class IV terms as no member shall exceed four years. Thereafter, the Class IV term of each such member shall be four years.
(3)
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as provided for under governing law.
D.
Conflicts. No member or alternate member of the Planning Board shall be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. Any member or alternate member other than a Class I member, after a public hearing if he requires one, may be removed by the Township Council for cause.
E.
Absent members. When any hearing before the Planning Board shall carry over to two or more meetings, a member of the Planning Board who is absent for one or more meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such board member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he/she has read such transcript or listened to such recording.
F.
Alternate members.
(1)
Not more than two alternate members may be appointed by the Mayor and shall meet the qualification of Class IV members of the Board. Alternate members shall be designated at the time of appointment as Alternate No. 1 and Alternate No. 2. The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the terms of not more than one alternate shall expire in any one year, provided that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(2)
Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
G.
Organization. The Planning Board shall elect a Chairman and vice-Chairman from the member of Class IV and shall select a secretary, who may or may not be a member of the Planning Board or a municipal employee. It may employ or contract for and fix the compensation of legal counsel other than the municipal attorney, a planning consultant, a civil engineer and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use.
H.
Powers and duties. The Planning Board is authorized to adopt bylaws and rules governing its procedural operation. It shall also have the following powers and duties:
(1)
To make, adopt and amend a Master Plan for the physical development of the Township, in accordance with the provisions of N.J.S.A. 50:55D-28.
(2)
To administer the provisions of this chapter.
(3)
To participate in the preparation and review of programs, plan required by state or federal law or regulations.
(4)
To assemble data on a continuing basis as a part of a continuous planning process.
(5)
To annually prepare a program of municipal capital improvement projects projected over a term of six years and amendments thereto and recommend the same to the Township Council.
(6)
To consider and make report to the Township Council within 35 days after referral as to any proposed development regulations submitted to it, pursuant to the provisions of N.J.S.A. 40:55D-26, and also pass upon other matters specifically referred to the Planning Board, pursuant to the provisions of N.J.S.A. 40:55D-37 et seq.
(7)
Subdivision control and site plan review pursuant to N.J.S.A. 40:55D-37 et seq.
(8)
When reviewing applications for approval of subdivision plats, site plans or conditional uses to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a)
Variances pursuant to N.J.S.A. 40:55D-70c;
(b)
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area preserved, pursuant to N.J.S.A. 40:55D-32;
(c)
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
(9)
To perform such other advisory duties as are assigned to it by an ordinance or resolution of the Township Council for the aid and assistance of the Township council or other agencies or officers.
I.
Citizens Advisory Committee. The Mayor may appoint one or more members of a citizens advisory committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power or vote or take other action required of the Board. Such person or persons shall serve at the pleasure of the Mayor.
J.
Environmental Commission. The Planning Board or the Board of Adjustment shall make available to the Environmental Commission and informational copy of every application for development submitted to either board. Failure of the Planning Board or Zoning Board of Adjustment to make such an informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
Sec 7 Zoning Board of Adjustment.
A.
Establishment. The Zoning Board of Adjustment, also known as the Board of Adjustment, is hereby established, pursuant to the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq.
B.
Membership. The Zoning Board of Adjustment shall consist of seven members, all of whom shall be residents of Logan Township and shall be appointed by the Township Council. The term of each member shall be four years and no member may hold any elective office or position with Logan Township. Any vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
C.
Alternate members.
(1)
Not more than two alternate members shall be appointed by the Township Council. The term of each alternate member shall be two years.
(2)
Alternate members shall be designated at the time of appointment as Alternate No. 1 and Alternate No. 2. Alternate members may participate in discussion of proceedings, but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
D.
Compensation. The Zoning Board members (including alternate members) shall receive compensation. The Chairman of the Zoning Board shall receive compensation in the sum of $235 per regular Board meeting attended. The remaining members (including alternate members) shall receive compensation in the sum of $145 per regular Board meeting attended. All members shall receive compensation in the sum of $250 per meeting for each special meeting attended. Such compensation shall be paid monthly and in proportion to the number of meetings attended during each month.
[Added 2-6-2024 by Ord. No. 2-2024[1]]
E.
Conflicts. No member or alternate member may hold any elective office or position in Logan Township. No member or alternate member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing, if he requests it, be removed by the Township Council for cause. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term.
F.
Organization. The Zoning Board of Adjustment shall elect a Chairman and vice Chairman from its members and select a secretary, who may or may not be a member of the Zoning Board of Adjustment or a municipal employee. It may employ, contract for and fix the compensation of legal counsel other than the Township Attorney, a planning consultant, a civil engineer and other staff and services, as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriate by the Township Council for its use.
G.
Powers and duties. The Zoning Board of Adjustment shall follow the provisions of this chapter and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-70 et seq., to:
(1)
Hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in enforcement of the Zoning Article of this chapter.
(2)
Hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the Zoning Map or Zoning Article of this chapter or for decisions upon other special questions upon which such Board is authorized to pass by any Zoning Article of this chapter.
(a)
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property; or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property; or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to the Zoning Article of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
(b)
Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to the Zoning Article of this chapter; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection. No variance from those departures enumerated in Subsection F(4) of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has the power to review a request for a variance, pursuant to N.J.S.A. 40:55D-60.
(3)
In particular and for special reasons, grant a variance to allow departure from regulations pursuant to the Zoning Article of this chapter to permit:
(4)
A variance under this subsection shall be granted only by affirmative vote of at least five members. No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Zoning Ordinance. In respect of any airport hazard areas delineated under the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, C. 260 (N.J.S.A. 6:1-80 et seq.), no variance or other relief may be granted under the terms of this section permitting the creation or establishment of a nonconforming use, which would be prohibited under the standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation pursuant to that act. An application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
H.
Other powers.
(1)
The Zoning Board of Adjustment, when hearing appeals and reviewing applications, shall have the power, pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 45:55D-76, to:
(a)
Direct the issuance of a permit, pursuant to N.J.S.A. 40:55E-34, for a building or structure in the bed of a mapped street or public drainage way, a flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(b)
Direct issuance of a permit, pursuant to N.J.S.A. 40:55D-36, for a building or structure not related to a street.
(2)
The Zoning Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan approval or conditional use approval whenever the Board of Adjustment in reviewing an application for approval of a variance, pursuant to N.J.S.A. 40:55D-70d.
(3)
The developer may elect to submit a separate application requesting the approval of a variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. A separate approval of the variance shall be conditioned upon granting of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and Zoning Article of this chapter. The number of votes of board members required to grant any such subsequent approval shall as otherwise provided in this chapter for the approval in question, and a special two-thirds vote of the full authorized membership required for use variance shall not be required.
I.
Expiration of variance. Any variance from the terms of this chapter granted by the Zoning Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation, unless permitted use shall have actually been commenced within one year from the date of approval of the variance, commencing upon the date of the resolution adopted by the Zoning Board memorializing its approval. In addition, application may be made to the Zoning Board for two six-month time extensions. However, the running of this period of limitation shall be tolled from the date of filing of an appeal from the decision of the Board of Adjustment to the Township Council, or a court of competent jurisdiction, until the determination of such appeal or proceeding, should any such appeal be so filed.
J.
Absent members. When any hearing before the Zoning Board of Adjustment shall carry over two or more meetings, a member of the Zoning Board of Adjustment, who is absent for one or more meetings, shall be eligible to vote on the matter upon which the hearing was conducted; provided, however, that such board member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
Sec 8 Administrative procedures.
A.
Rules and regulations. The Planning Board and the Zoning Board of Adjustment shall adopt and may amend reasonable rules and regulations not inconsistent with the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or this chapter for the administration of their functions, powers and duties and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for any such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Zoning Board Secretary.
B.
Meetings.
(1)
The Planning Board and Zoning Board of Adjustment shall fix the time and place for holding regular meetings for business authorized to be conducted. Regular meetings shall be scheduled not less than once a month and shall be held as scheduled, unless cancelled of lack of an application for development, or for emergency purposes.
(2)
Special meetings shall be provided at the call of the Chairman or on request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the quorum, except as otherwise required by this chapter.
C.
Minutes. Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, of any, made by it and the reasons therefor. Minutes are only deemed to be the "official minutes" of the Board upon review and adoption by the full Board at a regularly scheduled meeting. The minutes shall thereafter remain available for public inspection during normal business hours in the office of the Zoning Board Secretary or Planning Board Secretary, as the case may be. An interested party shall have the right to compel production of the minutes for use of evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for production of the minutes for his use. In accordance with the Open Public Meetings Act, N.J.S.A. 10:4-14, the minutes of the meetings shall be reasonably comprehensive.
D.
Hearings and notices to be given of same.
(1)
The Planning Board or Zoning Board of Adjustment shall hold a hearing on each application for development, in accordance with the proper jurisdiction of each Board, or adoption or revision or amendment to the Master Plan in the case of the Planning Board.
(2)
The Boards shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file during normal business hours in the Planning Board or Zoning Board office and available for public inspection at least 10 days before the date of the hearing. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
(3)
The chairperson shall preside at each hearing or such person as he may designate, and he shall have the power to administer oaths and to issue subpoenas, to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties; and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
(4)
The testimony of all witnesses relating to any application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(5)
Technical rules of evidence shall not be applicable to the hearing, and the Board may exclude irrelevant, immaterial, or unduly repetitious evidence.
(6)
The Board shall provide for the verbatim recording of the proceedings of each hearing by either a stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof, upon request, to any interested party at his expense, provided that the Township Council may provide by ordinance for the Township to assume the expense of any transcripts necessary for appeal to the Township Council of decisions by the Zoning Board of Adjustment approving use variances pursuant to N.J.S.A. 40:55D-17, up to a maximum amount as specified by the ordinance.
(7)
Each decision on an application for development shall be in writing and shall include the findings of fact and conclusions based thereon.
(a)
Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
(b)
The Board shall provide such written decision and findings and conclusions either on the date of the meeting on which the Board takes action to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Board thereon. Any action resulting from the failure of a motion to approve an application shall be memorialized by resolution, as provided above, notwithstanding the time at which such action occurs is within the applicable time period for rendering a decision on the application.
(c)
The adoption of a resolution of memorialization, pursuant to this subsection, shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the Board who voted for the action previously taken and no other members shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board. However, failure to adopt such a resolution within the forty-five-day period shall not result in approval of the application for development, notwithstanding any prior action taken thereon.
(d)
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of decision for the purpose of mailings, filings, and publications required by this section.
(8)
A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant or, if represented, to his attorney, without separate charge and to all who request a copy of the decision for a reasonable fee. A copy of the decision shall also be filed in the Planning Board or Zoning Board office. The appropriate Board secretary shall make a copy of such a filed decision available to any interested party for a reasonable fee and available for public inspection during reasonable hours.
(9)
A brief notice of the decision shall be published in the official newspaper of Logan Township within 10 days of the adoption of the memorializing resolution. Such publication shall be arranged by the Board for a reasonable fee for such service and the printing costs to also to be paid by the applicant. Nothing contained in this chapter shall be construed as preventing the applicant from arranging such publication, if he so desires. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or by the applicant.
(10)
At the request of the developer, the Planning Board shall grant an informal review at a meeting of a concept plan for development for which the developer intends to prepare and submit an application for development. A developer shall not be bound by any concept plan for which review is requested and the Planning Board shall not be bound by any such review. The Township may require a reasonable application fee for any such review, and any escrow deposits necessary for the Board's professional staff to review any informal application submitted. Any such deposit shall be a credit toward review of a more formal application for development by the applicant.
E.
Notice of application. Public notice pursuant to Subsections E(1), (2), (3), (4), (5), (6) and (7) of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing, or as otherwise set forth in the Municipal Land Use Law.
(1)
Public notice of a hearing of the application for development shall be given except for:
(2)
Public notice shall be given in the event variance relief is requested as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication in the official newspaper of Logan Township.
(a)
Notice of hearing requiring public notice pursuant to Subsection E(2)(a) of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property, which is the subject of such association in the cases of any unit owners whose unit has a unit above or below it or the horizontal property regime in the case of any co-owner who has an apartment above or below it. Notice shall be given by:
(b)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners or homeowners on account of such common elements or areas.
(3)
Upon the written request of an applicant, the administrative office shall, within seven days, make and certify a list from said current tax duplicate of names and addresses of owners to whom the applicant shall be entitled to rely upon the information contained in such list; and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
(4)
Notice of hearing on applications for development involving properties located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality. Said certified list shall only remain valid for a period of 60 days, and must be renewed/updated if notice is not served within said 60 days.
(5)
Notice shall be given by personal service or certified mail to the Gloucester County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or the county Master Plan, adjoining other county land if situated within 200 feet of a municipal boundary.
(6)
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
(7)
Notice shall be given by personal service or certified mail to the State Planning Commissioner of a hearing on an application for development of property which exceeds 150 acres or 500 units. Such notice shall include a copy of any maps or documents required to be on file with the Board, pursuant to Section 4 of this article.
(8)
The applicant shall file and affidavit of proof of service with the Board holding the hearing on the application for development in the event that the applicant is required to give notice, pursuant to this section.
(10)
Nothing in this section shall diminish the requirements as to notices set forth in N.J.S.A. 40:55D-12, and all such requirements shall be controlling whenever contrary to provisions set forth in this chapter.
F.
Notice concerning Master Plan (subject to the provisions of N.J.S.A. 40:55D-11). The Planning Board shall give:
(1)
Public notice on a hearing of adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the official newspaper of Logan Township at least 10 days prior to the date of this hearing.
(2)
Notice by personal service or certified mail to the Clerk of an adjoining municipality shall be given at least 10 days prior to the date of any hearings on adoption, revision or amendment of a Master Plan involving property situated within 200 feet of such adjoining municipality.
(3)
Notice by personal service or certified mail to the Gloucester County Planning Board shall be given at least 10 days prior to the date of all hearings on the adoption, revision or amendment of the municipal Master Plan. Such notice shall include a copy of any such proposed Master Plan or any revision or amendment thereto. Not more than 30 days after the date of such adoption, revision or amendment of a Master Plan, notice of such adoption, revision or amendment shall be given to the Gloucester County Planning Board, which shall include a copy of the Master Plan or revision or amendment thereto.
G.
Effect of mailing notice. Any notice made by certified mail pursuant to this chapter shall be deemed complete upon mailing.
H.
Ordinance, capital improvement, and Official Map notices.
(1)
Notice by personal service or certified mail shall be made to a Clerk of an adjoining municipality of all hearings on adoption, revision or amendment of a development regulation involving property situated within 200 feet of such adjoining municipality at least 10 days prior to the date of any such hearing.
(2)
Notice by personal service or certified mail shall be made to the Gloucester County Planning Board on:
(a)
All hearings on adoption, revision or amendment of any development regulation at least 10 days prior to the date of any such hearing.
(b)
The adoption, revision or amendment of the Municipal Capital Improvement Program or Municipal Official Map not more than 30 days after the date of such adoption, revision or amendment.
[1]
Any notice provided hereunder shall include a copy of the proposed development regulation, the Municipal Office Map or the Municipal Capital Program or any proposed revision or amendment thereto, as the case may be.
(3)
Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.
I.
Filing of ordinance. The Zoning, Subdivision or Site Plan Review Articles of this chapter or any revision or amendment thereto shall not take effect until a copy thereof shall be filed with the Gloucester County Planning Board. A zoning ordinance or amendment or revision thereto, which, in whole or in part, is inconsistent with or not designed to effectuate the land use plan element of the Master Plan, shall not take effect until a copy of the resolution required by Subsection a. of Section 40 of P.L. 1975, C. 291 (N.J.S.A. 40:55D-62) shall be filed with the County Planning Board. The secretary of the Planning Board shall, within 10 days of the date of receipt of a written request for copies of any development regulation, make such available to the requesting party with said secretary's certification that said copies are true copies and that all filed amendments and resolutions are included. A reasonable charge may be made by the Planning Board for said copies. The Official Map of Logan Township shall not take effect until filed with the Gloucester County Recording Officer.
J.
Appeal to the Township Council (subject to the provisions of N.J.S.A. 40:55D-17).
(1)
Any interested party may appeal to the Township Council a final decision of the Zoning Board of Adjustment approving an application for a variance, pursuant to N.J.S.A. 40:55D-70d. Such appeal may be made within 10 days of the date of publication of such final decision. The appeal of the Township Council shall be made by serving the Township Clerk in person or by certified mail, with a notice of appeal specifying the grounds thereof and the names and address of his attorney, if represented, and such appeal shall be decided by the Township Council only upon the record established before the Zoning Board of Adjustment.
(2)
Notice of the meeting, to review the record below, shall be given by the Township Council by personal service or by certified mail to the appellant, to those entitled to notice of a decision pursuant to this chapter and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. Notice to the Zoning Board of Adjustment shall be deemed complete only when both the secretary to the Zoning Board of Adjustment and the attorney for the Zoning Board of Adjustment have received notice of the hearing. The parties may thereafter submit oral and written arguments on the record at such meeting and the Township Council shall provide verbatim recording and transcripts of such meeting.
(3)
The appellant shall, within five days of service of the notice of appeal, arrange for a transcript, pursuant to this chapter, for use by the Township Council and pay a deposit of $50 or the estimated cost of such transcription, whichever is less. In the alternative, the appellant may, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Township Clerk. Failure of the appellant to arrange for a transcript, as set forth above, shall result in dismissal of the appeal. The Township Council shall conclude a review of the record below not later than 95 days from the date of publication of the decision below, unless the applicant consents in writing to an extension of such period. Failure of the Township Council to hold a hearing and complete a review of the record below and to render a decision within such specified period shall constitute a decision affirming the action of the Zoning Board of Adjustment.
(4)
The Township Council may reverse, remand or affirm, wholly or in part, or may modify the final action of the Zoning Board of Adjustment.
(5)
The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse, remand or modify any final action of the Zoning Board of Adjustment.
(6)
An appeal to the Township Council shall stay all proceedings in the furtherance of the action with respect to which the decision appealed from was made, unless the Zoning Board of Adjustment, from whose action the appeal is taken, certifies to the Township Council, after the notice of appeal shall have been filed with such Zoning Board of Adjustment, that, by reason of facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the Zoning Board and on good cause shown.
(7)
The Township Council shall mail a copy of the decision to the appellant or, if represented, to his attorney, without separate charge and, for reasonable charge, to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of Logan Township. Such publication shall be arranged by the Township Clerk for a reasonable fee for such service and with printing costs to be also paid by the applicant. Nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication whether arranged by the Township Clerk or the applicant.
(8)
Nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
K.
Enforcement.
(1)
The Township Council shall enforce the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the provisions of this chapter. To that end, the Township Council shall require the issuance of specified permits, certificate, or authorization as a condition precedent to:
(2)
The Township shall establish an administrative officer and offices for the purpose of issuing such permits, certificates or authorizations, and may condition the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, and information as is authorized hereunder and upon the express approval of the appropriate state, county or municipal agencies and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates, and authorizations.
(3)
In any case where any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building structure or land is used or developed in violation of this chapter or any other ordinance of Logan Township, the Township Council and its agents or interested party, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation to prevent the occupancy of such building, structure of land, or to prevent any illegal act, conduct, business or use in or about such premises.
L.
Appeal to the Board of Public Utilities.
(1)
If a public utility, as defined in N.J.S.A. 48:2-13, is aggrieved by the action of a board or municipal agency through its exercise of its powers under this chapter with respect to any action in which the public utility has an interest, an appeal to the Board of Public Utility Commissioners of the State of New Jersey may be taken within 35 days after such action without appeal to the Township Council, if such public utility so chooses. Otherwise, appeal to the Public Utility Commissioners may be taken within 35 days after action by the Township Council. A hearing on the appeal of public utility to the Public Utility Commissioners shall be had on notice to the agency from which appeal is taken to all parties primarily concerned, all of whom shall be afforded an opportunity to be heard.
(2)
If, after such hearing, the Board of Public Utility Commissioners shall find that the present or proposed use by the public utility of the land described in the petition is necessary for the service, convenience or welfare of the public, the public utility may proceed in accordance with such decision of the Board of Public Utility Commissioners, this chapter or any regulation made thereunder to the contrary notwithstanding. This by a public utility for installation in more than one municipality for the furnishing of service, if upon petition of the public utility, the Board of Public Utility Commissioners, shall, after hearing of which any municipalities affected shall have notice, decide the proposed installation of the development in question is reasonable necessary for the service, convenience or welfare of the public. Nothing in this chapter shall be construed to restrict the right of any interested party to obtain a review of the action of the municipal board or agency or of the Board of Public Utility Commissioners by any court of competent jurisdiction according to law.
M.
Exclusive authority of Planning Board and Zoning Board of Adjustment. Any power expressly authorized by this chapter to be exercised by the Planning Board and Zoning Board of Adjustment shall not be exercised by any other body, except as otherwise provided in this chapter or by applicable law.
N.
Tolling of running of period of approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly on indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare, or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
O.
Conditional approval.
(1)
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare, or by a directive or other issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, development in accordance with this chapter and, if such application for development complies with this chapter, the Board shall approve such application, conditioned upon removal of such legal barrier to development.
(2)
In the event that development proposed by an application for development requires an approval by a governmental agency other than the Township's Planning or Zoning Board, the Board shall, in appropriate circumstances, condition its approval upon the subsequent approval of such governmental agency. However, the Board shall make a decision on any application for development within the time period provided in this chapter, or within an extension of such period as has been agreed to by the applicant, unless the Board is prevented or relieved from so acting by operation of law.
P.
Payment of taxes or fees. Every application for development submitted to the Planning Board or the Zoning Board of Adjustment shall be accompanied by proof that no taxes, fees, or assessments for local improvements are due or delinquent on the property that is the subject of such application. Taxes shall be kept current while any application is pending or under review. The Board may, however, agree to condition any approval or any relief, either upon the prompt payment of such taxes or assessments or the making of adequate provision thereof, in such manner that the Township will be adequately protected.
Sec 9 Master Plan.
A.
Preparation, contents and modification. The Planning Board may prepare and, after public hearing, adopt or amend a Master Plan, or component parts thereof, to guide the use of lands within the Township in a manner which protects public health and safety and promotes the general welfare. The Master Plan shall generally compromise a report or statement and land use and development proposals with maps, diagrams and text. All provisions of N.J.S.A. 40:55D-28 are controlling.
B.
Specific components. The Master Plan may include any or all of the following elements as appropriate.
(1)
A statement of objectives, principals, assumptions, policies and standards upon which the constituent proposals or the physical, economic and social development of the Township are based.
(2)
A land use plan element.
(a)
Taking into account the other Master Plan elements and natural conditions, including, but not necessarily limited to, topography, soil, conditions, water supply, drainage, floodplain areas, marshes and woodlands.
(b)
Showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or accommodation of purposes.
(c)
Including a statement of the standards of population density and development intensity recommended for the Township.
(3)
A housing plan element including, but not limited to, residential standards and proposals for construction and improvement of housing.
(4)
A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the municipality.
(5)
A utility service plan element analyzing the need for and showing the future general location of water supplies and distribution, facilities, drainage and food control facilities, sewerage and waste treatment, solid waste disposal and provision for other related utilities and including any stormwater management plan required, pursuant to N.J.S.A. 40:55D-93 et seq.
(6)
A community facilities plan element showing the location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas.
(7)
A recreation plan element showing a public comprehensive system of areas and public sites for recreation.
(8)
A conservation plan element providing for the preservation and utilization of our natural resources, including, to the extent appropriate, open space, water, forests, soil, marshes, wetlands, harbors, rivers, and other waters, fisheries, endangered or threatened species, wildlife and other natural resources and which systematically analyzes the impact of each other component of the Master Plan on the present and future preservation, conservation and utilization of those resources.
(9)
An economic plan element considering all aspects of economic development and sustained economic vitality, including:
(11)
Appendices or separate reports containing the technical foundation for the Master Plan and its constituent elements.
(12)
A recycling plan element which incorporates the state recycling plan goals, including provisions for the collection, disposition and recycling of recyclable materials designated in the municipal recycling materials within any development proposal for the construction of 50 or more units of a single-family residential housing or 25 or more units of multifamily residential housing and any commercial or industrial development proposal for utilization of one square foot or more of land. Appendices or separate reports containing the technical information for the Master Plan and its constituent elements.
(13)
A proposed Official Map enveloped in accordance with the provisions of this chapter.
(14)
A proposed capital improvements program developed in accordance with the provisions of this chapter.
(15)
Such other elements as the Planning Board may find useful and appropriate.
(16)
The Master Plan and its plan elements may be divided into subplans and subplan elements, projected according to periods of time or staging sequences.
C.
Relations to other plans. The Master Plan shall include a specific policy statement, indicating the relationship of the proposed development of the Township as developed in the Master Plan to: