Logan Township City Zoning Code
ARTICLE IV
Subdivision, Site Plan Conditional Use Approval, and Affordable Housing Development Fees
Sec 1 Filing of applications.
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.
Sec 2 Time for decision on subdivision, site plan and conditional uses.
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.
Sec 3 Right under preliminary approval.
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.
Sec 4 Application for final approval.
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.
Sec 5 Effect of final approval.
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.
Sec 6 Minor subdivision.
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.
Sec 7 Filing subdivision plats.
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.
Sec 8 Site plan exemptions.
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:
Sec 9 Application requirements for subdivision and site plan review.
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.
Sec 10 Minor subdivision: plat details.
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.
Sec 11 Major subdivisions: sketch plat, preliminary plat and final plate details.
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.
Sec 12 Site plan details and submission requirements.
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.
Sec 13 Requirements for waivers.
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.
Sec 14 Planned developments/general development plans.
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.
Sec 15 General objectives for developmental review.
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
Sec 16 Affordable housing development fees.
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.