[Ord. No. 1992-1 § 2; Ord. No. 1996-4 §§ 16 — 18; Ord. No. 1997-16 § 66; Ord. No. 1999-26 §§ 1, 2; Ord. No. 2001-29 § 8; Ord. No. 2001-31 §§ 1, 2; Ord. No. 2002-22 §§ 1, 2; Ord. No. 2003-18 § 1]
A. Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans. The applicant shall submit to the Administrative Officer not later than the first Wednesday of the month preceding the month of the anticipated hearing date: nine copies of the preliminary plat or plan if the application will be heard by the Planning Board or 17 copies of the preliminary plat or plan if the application will be heard by the Zoning Board of Adjustment; four completed copies of the appropriate application(s), which includes the application(s) for any requested variance(s) and the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this ordinance with the items of information required therein; eight copies of the Environmental Impact Statement and any other required reports; four copies of any protective covenants, easements and/or deed restrictions applicable to the subject site, whether recorded or unrecorded; and the fee in accordance with §
901 of this ordinance, including a signed escrow agreement. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
B. Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans. Each preliminary plat or preliminary plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less than one inch equals 100 feet for major subdivision plats and one inch equals 50 feet for major site plans and shall be submitted on one of four of the following standard sheet sizes (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches). All plan sheets shall be folded into eighths with the title block revealed. If more than one sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract.
Each preliminary plat or plan shall show the following information as applicable to a subdivision plat or site plan, unless the Planning Board or Zoning Board of Adjustment determines, upon request of the applicant, that such information either is unnecessary or inapplicable to the particular subdivision or site plan and can be waived:
1. A key map with north arrow showing the entire tract and its relation to the surrounding areas, at a scale of one inch equals not more than 2,000 feet.
2. Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
a. Name of subdivision or development, Township of Medford, Burlington County, with each sheet specifically titled with appropriately descriptive words;
b. Name, title, address and telephone number of subdivider or developer;
c. Name, title, address, telephone number, signature, seal, and license number of the professional or professionals who prepared the plat or plan;
d. Name, title and address of the owner or owners of record;
f. Scale (written and graphic);
g. Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet; and
h. Space for the application number.
3. Certification that the applicant is the owner of the land or his/her properly authorized agent, or that the owner has given his/her consent under an option agreement.
4. If the applicant is a corporation or a partnership, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation.
5. Approval signature and date lines for the Chairman and Secretary in all cases and the Township Engineer in the case of a major subdivision plat to be filed, with the signature block as required by the Map Filing Law and with the location for signature placed such that the professional seal may be placed over the signature when requested.
6. Acreage to the nearest tenth of an acre (both with and without areas within public rights-of-way).
7. The names, addresses and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Secretary of the Planning Board or Secretary of the Zoning Board of Adjustment, as the case may be.
8. Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request.
9. Tract boundary line (heavy solid line). Where a portion of the tract is to be developed, the site in relation to all remaining contiguous lands in the applicant's or owner's ownership.
10. Zoning districts and lines affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development.
11. Certification from the Township Tax Collector that all taxes and assessments are paid to date.
12. The location of natural and man-made features and improvements such as wetlands, rock outcroppings, bridges, dams, and treed areas, both within the tract and within 100 feet of its boundary.
13. The proposed location of all proposed plantings, with a legend listing the botanical and common names, the sizes at the time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.
14. The location and water level of all existing and proposed water courses, within 500 feet of the property, including lakes, streams, ponds, swamp or marsh areas and underdrains, shall be shown and accompanied by the following information:
a. When a running stream is proposed for alteration, improvement or relocation or when a structure or fill is proposed over, under, in or along such a running stream, evidence of a preapplication meeting with the New Jersey Division of Water Resources or such agency having jurisdiction shall accompany the application;
b. Cross-sections of water courses and/or drainage swales at an approximate scale showing the extent of the floodplain, top of bank, normal water levels and bottom elevations at the locations required by the Board Engineer;
c. The location and extent of drainage and conservation easements and stream encroachment lines;
d. The location, construction details, and type of adequate drainage provisions to reasonably reduce and minimize exposure to flood damage;
e. The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a subdivision, including the distance and average slope upstream to the basin ridgeline, where applicable;
f. The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage of that portion of the subdivision which drains to the structure, including the distance and average slope downstream to the structure and final disposition of the surface waters; and
g. When the property to be subdivided or developed is located along a stream or lake, the applicant shall submit stream and water quality test results as specified in Subsection 521.M of this ordinance.
15. Existing and proposed contours with intervals of one foot. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line. Existing and proposed contours shall extend to at least 200 feet beyond the limit of the property. Proposed grading shall be shown by spot elevations sufficient for stakeout of site plan proposals. Slopes 15% or more in grade shall be shaded.
16. Soil Tests:
a. Test borings, percolation rates and water levels shall be obtained in accordance with the N.J.A.C. 7:9-2.1 et seq. and the following standards:
Size of Site (acres) | Number of Test Holes |
|---|
Up to 2 | 1 |
2 | 3 |
3 | 6 |
5 to 10 | 8 |
11 to 40 | 10 |
41 to 100 | 16 |
Over 100 | 20 |
b. These borings shall be distributed over the tract to adequately represent site conditions and shall be to a minimum depth of 10 feet and shall be taken in accordance with the requirements of Subsection 521.M.4 of this ordinance.
17. Existing and proposed street and lot layout with dimensions correct to scale accuracy, showing that portion proposed for development in relation to the entire tract, and existing lot lines to be eliminated.
18. The location of all existing structures and their uses, both within the tract and within 200 feet of its boundary, with an indication of existing and proposed front, rear, side yard and building setback distances and lines and whether the existing structures and uses will be retained or removed.
19. Size, height and location of all proposed structures including, but not limited to, signs, fences and lighting facilities, and of all proposed buildings.
20. All dimensions necessary to confirm conformity to the ordinance, such as the size of the tract to the nearest 0.01 of an acre and any proposed lot(s) to the nearest 0.1 of an acre, the number of lots being created, structure setbacks, structure heights, yard areas, existing and proposed building coverage and impervious lot coverage (both in square feet) and as a percentage of the lot area) and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.
21. The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaries, which information shall be shown on the plat or plan for each light (see § 517.H of this ordinance).
22. The existing and proposed screening, buffering and landscaping, including a landscaping plan, a planting schedule, areas to be seeded or sodded and existing individual trees in excess of 10 inches in diameter at breast height outside of wooded areas. For sites within the Pinelands, all landscaping plans shall incorporate the elements set forth in § 516.D.1.
23. The location and design of any off-street parking and loading area, showing size and location of bays, spaces, aisles and barriers, curbing and paving specifications.
24. All means of vehicular access and egress to and from the site onto public streets, showing the site and the dimension and location of streets, fire lanes, driveways and curb cuts within 200 feet, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.
25. The application shall include plans and computations for any storm drainage system including the following as may be required by the Board Engineer:
a. All existing or proposed storm sewer lines, with plans and profiles, within or adjacent to the tract showing size and slope of the lines, the pipe material type, the strength class or thickness, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
b. A map drawn to scale (minimum scale one inch equals 100 feet showing the contributing area to each inlet or cross drain.
26. The location of existing utility structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.
27. Plans and profiles of proposed improvements and utility layouts including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. The plans and profiles of water and sewer layouts, whether onsite, off-site or off-tract, shall show size and type of pipes and mains, slope, pumping stations, fire hydrants, standard details and trench repair details for street crossings. If private utilities are proposed, they shall comply fully with all Township, County, State and Federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient.
Additionally, letters from the appropriate County and State agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application. If on-lot water and/or sewage disposal is proposed, a concept plan shall be submitted and reviewed by the appropriate Township, County and State agencies.
28. Plans, typical cross sections, grades, and construction details, horizontal and vertical alignments of the centerline of all proposed streets and of all existing streets abutting the tract within 200 feet. The horizontal scale shall be not less than one inch equals 50 feet for all existing and proposed streets. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specified datum supplied by the Board Engineer, and shall include curbing, sidewalks, bicycle routes, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
29. Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.
30. The names, location and width of all existing and proposed rights-of-way and easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.
31. The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9 with two permanent benchmarks based on U.S.G.S. datum, all elevations to relate to benchmarks.
32. Concerning site plans only, a written description of the proposed use(s) and operation(s) of the buildings, including emission of noise, glare, vibration, heat, odor, air and water pollution, safety hazards, expected truck and tractor trailer traffic and the proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation.
33. Identification of any lot or area to be reserved or dedicated to public use, showing all improvements such as landscaping, grading, walkways, bicycle paths and recreational facilities.
34. Recreational facilities in accordance with §
609 of this ordinance, including full specifications of any paving, fencing, seeding and equipment.
35. A boundary survey by a licensed New Jersey land surveyor, certified on a date within six months of the date of submission.
36. A Traffic Impact Statement in accordance with the provisions of § 804.D of this ordinance.
37. A Municipal Services and Utilities Impact Statement analyzing the probable impact on municipal services, including:
a. Feasibility of providing potable water to the site to meet the required demand for the intended use without degrading either all or a portion of the entire system. Consideration shall be given to the adequacy of the existing storage and distribution system.
b. Stormwater management calculations.
c. Feasibility of conveying and treating the sewage generated by the proposed development within the existing Township system.
e. Police and fire protection.
f. Road and traffic, specifically with reference to any Township circulation plan.
g. Sanitation and trash disposal.
h. Supporting data to show how conclusions were determined.
38. Composite environmental constraints map at the same scale as the preliminary plat. The applicant shall, utilizing the Medford Ecological Study information and further information obtained by the applicant and his environmental consultants upon specific and detailed review of the site, present a plan indicating:
a. The features for preservation.
b. Features which represent any constraints for development, generally indicating the area most suitable for development, the areas least suitable for development and various degrees of suitability between these two extremes.
39. All preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of § 804.C of this ordinance. The applicant may request a waiver of this requirement, either in whole or in part, provided that the applicant states in writing the basis for the variance request. The Board shall act upon the requested waiver.
40. Concerning site plans only, signed and sealed, scaled elevations by a licensed New Jersey architect of the front, side and rear of any structure to be erected or modified, floor plans and expansion plans incorporated into the building design.
41. A Cultural Resource Inventory for all sites within the Pinelands.
a. Guidelines for this survey will be available at the principal offices of the Pinelands Commission. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of State, local and any other pertinent inventories to identify sites of potential cultural significance; a review of the literature and consultation with professional and avocational archaeological resources; and a list of personnel involved and qualifications of the person(s) performing the survey.
b. An applicant for development approval in the Pinelands may request a letter of interpretation in order to determine the presence of significant archaeological sites on his property in accordance with the provisions of Article 4, Part 6, of the Pinelands Comprehensive Management Plan.
c. Where archaeological or historic resources are present, the developer shall take all reasonable steps in planning his development to preserve the resource or, if on-site preservation is impractical, to protect the data in accordance with the guidelines established by the United States Department of the Interior 43 CFR 3 et seq. In addition, if at any time after construction has been commenced archaeological data is discovered on a site, the developer shall immediately cease construction, notify the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the guidelines established by the Department of the Interior governing the recovery of archaeological data.
42. In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.
43. Evidence that a duplicate copy(ies) of the application for major development has been filed with any other agency (including but not limited to the Burlington County Planning Board) having jurisdiction over any aspect of the proposed development. A Certificate of Filing from the Pinelands Commission is required for completeness of any application within the Pinelands area.
44. A Township "Certificate of Completeness" form signed by the applicant's engineer/architect/land surveyor.
45. For applications for development proposing to be served by public water and/or public sewer service, a certification from the Director of Municipal Utilities that such public water and/or public sewer service is available.
46. An Historic Impact Statement, if applicable, in accordance with § 806.E of this ordinance.
47. The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses, provided however, that no application shall be declared incomplete for the lack of such additional information.
48. For applications for major site plan or major subdivision involving historic sites or buildings or structures located within an area designated as an "Historic District," an Historic Impact Statement is required in accordance with Subsection 806.E of this ordinance. (Minimum of 10 copies shall be submitted.)
49. All applicable applications for major site plan or major subdivision approval involving historic sites or existing or proposed buildings or structures within the "Historic District," shall be accompanied by preliminary architectural plans and elevations, submitted by the applicant and approved by the Board, demonstrating the aesthetic and visual impact and character of the proposed development. (Minimum of 22 copies shall be submitted.)
C. Environmental Impact Statement.
1. General Provisions. The impact on the environment generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending upon the size of the development, the nature of the site, the location of the development and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the Environmental Impact Statement, the requirements for such a document pertaining to different types of development applications are listed below:
a. All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silva culture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the Environmental Impact Statement requirements.
b. Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an Environmental Impact Statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.
c. Any application for minor site plan approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall not require an Environmental Impact Statement unless specifically requested by the appropriate Board. The Planning Board or Zoning Board of Adjustment, as the case may be, shall inform the applicant regarding any information that may be required.
d. All minor subdivisions, preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement.
2. Submission Format. When an Environmental Impact Statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts also shall be considered. Furthermore, as much original research as necessary shall be conducted to develop the Environmental Impact Statement. All Environmental Impact Statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:
a. Project Description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the particular suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(2) Master Plan of Adjacent Municipalities.
(3) Burlington County Master Plan.
(4) State Development and Redevelopment Plan.
(5) Other Pertinent Planning Documents.
Nineteen maps of the subdivision derived by the applicant from each of the 19 maps of the Ecological Map Atlas, in accordance with revisions of the Supplement to the Medford Report: Natural Resource Information for the New Jersey Pinelands in Medford Township, for all proposed development located within the Pinelands area or each of the 19 maps of the Ecological Map Atlas, for all development proposed in the Township outside of the area of the Pinelands. |
The recommended regulations appropriate to the subdivision or site as indicated by the Design and Performance Standards as set forth in § 500 of this ordinance and supported by the maps of the Ecological Map Atlas and, where applicable, to the revisions according to the Supplement to the Medford Report, to include regulations derived by the applicant from the recommended regulations and summary conclusions as described in Subsection 804.C.2.c and d. |
b. Site Description and Inventory. Provide a description of the environmental conditions on the site, including the following items:
(1) Types of Soils. List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of use proposed, a complete mapping of all soil types where the moderate and severe limitations exist shall be provided.
(2) Topography. Describe the topographic conditions on the site.
(3) Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.
(4) Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.
(5) Wildlife. Identify and describe any unique habitats of endangered or protected species.
(6) Subsurface Water. Describe the subsurface water conditions on the site both in terms of depth to ground water and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.
(7) Distinctive Scenic and/or Historic Features. Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.
(8) Existing Development Features. Describe any existing features on the site that are not considered to be part of the natural environment including, but not necessarily limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
(9) Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
c. Impact. Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
(1) Soil erosion and sedimentation resulting from surface run-off.
(2) Flooding and floodplain disruption.
(3) Degradation of surface water quality.
(5) Reduction of ground water capabilities.
(9) Disruption of wildlife habitats of endangered and protected species.
(10) Destruction or degradation of scenic and historic features.
d. Environmental Performance Controls. Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:
(1) Drainage plans which shall include soil erosion and sedimentation controls.
(2) Sewage disposal techniques.
(3) Water supply and water conservation proposals.
(4) Energy conservation measures.
(5) Noise reduction techniques.
By reference to the summary conclusions and recommendations, the statement shall identify specifically which of the four categories and subcategories of regulations described below are or are not applicable to the proposed subdivision; and where a category or regulation is deemed to be applicable, a description shall be furnished of the action proposed to be taken or avoided to minimize any adverse effect on the environment or ecology. The categories and subcategories involved are those set forth below, designated Categories A through D, as follows: |
Category A, regulations to avoid hazard to life and property from Subcategory 1, flood; and Subcategory 2, fire. |
Category B, regulations to prevent hazard to life and health resulting from human activities related to the use of Subcategory 1, surface waters; Subcategory 2, water table; and Subcategory 3, nutrient application. |
Category C, regulations to minimize loss of unique, scarce and valuable resources: Subcategory 1, historic; Subcategory 2, vegetation; Subcategory 3, wildlife; Subcategory 4, scenic; Subcategory 5, water recharge; and Subcategory 6, geologic. |
Category D, regulations to minimize social costs by proper management of Subcategory 1, aquifers; Subcategory 2, soil loss; Subcategory 3, vegetation; Subcategory 4, recreation/use of vegetation; Subcategory 5, wildlife habitats; and Subcategory 6, land use. |
e. Licenses, Permits and Other Approvals Required by Law. The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Township, as well as agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
f. Documentation. All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the Environmental Impact Statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
3. Disposition by the Board. The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help ensure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
4. Preliminary Assessment.
a. Requirement. Each application for approval for development that requires an Environmental Impact Statement pursuant to Subsection 804.C.1, or for any land which is to be transferred or dedicated to the Township, to any governmental agency, to a homeowner's association or to any other entity, for any reason whatsoever, at the discretion of the Township Council, Planning Board or Zoning Board, as applicable, the applicant or transferor shall be required to submit a Preliminary Assessment. Said Preliminary Assessment shall fully comply with N.J.A.C. 7:26E-1.1 et seq. The Preliminary Assessment shall conform with N.J.A.C. 7:26E-3.1 et seq. A copy of the Preliminary Assessment report must be submitted to the Township Council, Planning Board and/or Zoning Board, as applicable, with the application for development, transfer or dedication in accordance with N.J.A.C. 7:26E-3.2.
b. Proper Qualifications. The individual(s) who prepares and conducts the Preliminary Assessment shall provide a resume or curriculum vitae as part of the Preliminary Assessment report. Individual qualifications must demonstrate that the persons conducting the Preliminary Assessment are qualified to conduct such Preliminary Assessment based on education, previous project experience and the current New Jersey Department of Environmental Protection standards.
c. Insurance. The firm or individual conducting and preparing the Preliminary Environmental Assessment shall submit a current errors and omissions liability insurance policy in the amount of at least $1,000,000.
d. Preliminary Escrow. As part of each application for development, transfer or dedication, if a Preliminary Assessment is required by the Township Council, Planning Board and/or Zoning Board, the applicant shall post an escrow for the Township professionals required to review the Preliminary Assessment.
e. Further Requirements.
(1) If applicable, the requirements in this section shall be enforced in addition to and in conjunction with the requirements in § 804.C, 1-3 of the Land Development Ordinance of the Township of Medford.
(2) In the event the Preliminary Assessment Report reflects HPC contamination in excess of NJDEP tolerances, a No Further Action letter or similar documentation from the NJDEP shall be required as part of the application's final checklist.
5. Soil Testing.
a. Purpose. The Township Council of the Township of Medford has an interest in limiting historic pesticide contamination that exists on former or present agricultural areas and orchards which exceed an applicable remediation standard as defined by the New Jersey Department of Environmental Protection, and ensuring that development on such sites is not adversely affected by contaminated soil.
For purposes of this ordinance, the NJDEP's Soil Cleanup Criteria's latest revision is incorporated herein by reference as if set forth at length. All future amendments of these criteria by the New Jersey Department of Environmental Protection shall be immediately incorporated herein by reference without the need to formally amend the within Ordinance.
b. Soil Sampling and Testing Required; Notification.
(1) Based upon the review of the Preliminary Assessment Report by the Township, Zoning Board or Planning Board, as applicable, the Township, Zoning Board or Planning Board may require soil testing and sampling as a condition of approval, if the property was a former or present agricultural area. All property deemed to require soil testing as a result of the Preliminary Assessment shall be the subject of an adequate testing protocol in accordance with the New Jersey Department of Environmental Protection's Technical Requirements for Site Remediation, pursuant to N.J.A.C. 7:26E and N.J.A.C. 7:26E-3.3-3.13. Soil testing should comply with the recommendations of the Historic Pesticide Task Force. A copy of the soil sampling and test result report shall be submitted to the Township, Zoning Board or Planning Board. These investigations shall be conducted and the report shall be prepared by a qualified environmental professional.
(2) In the event that any contaminants are detected at concentrations that exceed the screening levels set forth in the Soil Cleanup Criteria, an applicant for development to the Medford Township Zoning Board or Planning Board shall be required to notify the New Jersey Department of Environmental Protection and the Township that screening levels have been exceeded and conduct necessary additional investigations and remedial actions pursuant to, and under the oversight of, the New Jersey Department of Environmental Protection Technical Requirements for Site Remediation, N.J.A.C. 7:26E. The Township, Zoning Board or Planning Board may require that an applicant for development obtain a Site-Wide Letter of No Further Action and Covenant Not to Sue from the New Jersey Department of Environmental Protection of a Remedial Action Workplan where the proposed actions will result in a Site-Wide Letter of No Further Action, or documentation from the New Jersey Department of Environmental Protection that the property may be developed based on less than complete remediation but based upon a plan approved by the New Jersey Department of Environmental Protection. Documentation of these investigation and remedial actions shall be submitted to the Township, Zoning Board or Planning Board in addition to the New Jersey Department of Environmental Protection. These investigations and remedial actions shall be conducted and all reports shall be prepared by a qualified environmental professional.
(3) In the event that any contaminants other than historic pesticides are detected at concentrations that exceed applicable screening levels and it is planned that the soil will not be permanently remediated to below the screening levels prior to development, the applicant shall provide a No Further Action letter or equivalent documentation from the NJDEP as part of the final checklist.
c. Fill Material. If, as part of development, fill soil is to be imported from an off-site source, the fill material shall be uncontaminated pursuant to any applicable remediation standard. Sufficient documentation shall be provided demonstrating that the fill is virgin material from a commercial or noncommercial source or decontaminated recycled soil.
d. Qualifications. The individual who prepares or conducts the soil sampling, additional investigations, remedial actions, risks evaluation and any of the required reports, shall provide a resume of qualifications as part of the required report. Individual qualifications must demonstrate that the persons conducting such tests are qualified to conduct such environmental engineering work based on education, previous project experience and current New Jersey Department of Environmental Protection standards. The contracting laboratory must be certified with the State of New Jersey and possess a valid license from the State of New Jersey.
e. Insurance. The firm or individual conducting and preparing the soil sampling, additional investigations, remedial actions, risks evaluation and any of the required reports, shall submit a current certificate of insurance evidencing general liability coverage including errors and omissions coverage in the amount of at least $1,000,000 per claim, which amount may be modified in the sole discretion of the Township, upon the advice and recommendation of the Township Engineer.
f. Soil Sampling Escrow. As part of each application for development, where required, transfer or dedication, the applicant shall post an escrow for the professionals required by the Township to review the Soil Sampling, additional investigations, remedial actions, risk assessment and any of the required reports.
g. Further Requirements.
(1) The Township, Zoning Board or Planning Board may deny an application for development of an HPC site which is not remediated as directed by the DEP in accordance with its Technical Requirements for Site Remediation.
D. Traffic Impact Statement.
1. General Provisions. The impact on the existing road systems generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. Therefore, all preliminary major subdivision applications resulting in the generation of more than 10 lots and/or all preliminary major site plan applications shall be accompanied by a Traffic Impact Statement unless specifically waived by the Board. Any application for subdivision approval where less than 10 lots are involved and all applications for minor site plan approval, either before the Planning Board or Zoning Board of Adjustment, as the case may be, shall not require a Traffic Impact Statement unless specifically requested by the Board.
The Board may waive the requirement for a Traffic Impact Statement totally or partially only if sufficient evidence is submitted to the Board indicating that the proposed project will have a negligible traffic impact, or, alternatively, that a complete report need not be prepared and submitted in order to evaluate adequately the specific traffic impact to be generated by the proposed development. The burden of demonstrating the exceptions hereinabove stated shall at all times rest with the applicant who must affirmatively demonstrate to the Board the basis for a waiver request.
2. Contents of Report. The Traffic Impact Statement shall contain the following information:
a. Projections of traffic to be generated by the proposed development for average daily, morning peak hour(s), afternoon peak highway hour(s) and any other peak traffic condition deemed applicable as a result of the type and/or location of the proposed generator. Traffic generation rates should be based upon local indices, where applicable, or rates promulgated by the Institute of Transportation Engineers, where local indices are not available. All rates should be documented in the report. Also, the method and data base upon which traffic approach route distributions are based shall be fully documented. Any assumptions regarding the diversion of existing traffic to alternative routes should be clearly specified in the report.
b. The report shall contain documentation of existing conditions on adjacent streets serving immediate site access/egress, including roadway pavement width, rights-of-way, curb parking conditions, site visibility, grade and curvatures of roadway and traffic control devices. Existing traffic volumes or average daily and peak hour conditions shall be presented with the source of data denoted.
c. Assessment of the traffic impact of the proposed development, shall be provided, including estimates of levels of services. In preparing these estimates, assumptions regarding the annual growth rate of existing traffic should be fully documented. Capacity determination shall be based upon normally accepted standards, with the basis of these estimates clearly indicated. All substantial applications for development, both within Medford Township and neighboring municipalities, which recently have been built, are under construction, have been approved for construction or are being considered for approval shall be factored in the analysis. In the event the project is staged over a period of time, independent estimates for each stage shall be provided.
d. In the event that roadway deficiencies are identified for existing and/or future conditions, specific recommendations for the resolution of these problems shall be addressed in the report. The report shall contain a listing of any and all actions to be undertaken by the applicant to resolve or minimize traffic problems and, as such, shall be considered a firm offer by the applicant to undertake said actions, subject to approval by the Board.
e. Any alteration or amendment to the development application which would substantially alter specific land uses, site acreage, building floor area, highway access design or any other feature which could cause a significant change in traffic generation rates shall require the submission of a revised Traffic Impact Statement.
f. In situations where State or County highways are adjacent to and/or potentially impacted by the proposed project, a copy of the report shall be provided to the Commissioner of Transportation, New Jersey Department of Transportation for State Highways, and the Burlington County Department of Transportation for County highways for their review and comment.
3. Disposition by the Board. The Board shall review the information furnished in the Traffic Impact Statement in the context of the overall design of the proposed development and the traffic impact of the proposed development on the affected road system. The information is to be used to determine whether or not the proposed development will create any negative impact(s) upon the roadway system, adjacent properties or the zone plan of the municipality. The Traffic Impact Statement shall be forwarded to the Township Traffic Consultant and/or Board Engineer for review and comment.
E. Action by the Township on Preliminary Major Subdivision Plats and Preliminary Major Site Plans.
1. The Administrative Officer shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:
a. If said application is found to contain all of the information required by a checklist adopted as part of this Land Development Ordinance and attached hereto following §
807 of this ordinance, the Administrative Officer shall certify that said application is complete and direct the application to the appropriate Board.
b. If said application is found to lack some of the information required by the checklist adopted as part of this Land Development Ordinance and attached hereto following §
807 of this ordinance, the Administrative Officer shall either:
(1) Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or
(2) If waivers of checklist items have been specifically requested by the applicant in the application for development, the Planning Board or Zoning Board of Adjustment, as the case may be, shall act on the request for waivers within 45 days of application submission. If the Board reasonably concludes that the missing items of information are not necessary to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing items. If the waivers are granted, the application is complete as long as all other requirements for submission have been satisfied. If the waivers are denied, the application is incomplete until missing information is submitted. At that time, the application is complete if all other requirements for submission have been satisfied.
c. An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in § 804.B and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with §§ 804.E.1.a or 804.E.1.b hereinabove.
d. In the event the Administrative Officer fails to act pursuant to Subsections 804.E.1.a or 804.E.1.b hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
2. On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application, in the event the Administrative Officer fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this ordinance, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
3. Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:
a. The Planning Board (one copy each of the preliminary plat or plan, the application, the Environmental Impact Statement), and any protective covenants, assessments and/or deed restrictions) or the Zoning Board of Adjustment (seven copies of the preliminary plat or plan and one copy each of the application, the Environmental Impact statement, and any protective covenants, easements and/or deed restrictions;
b. Board Planner (one copy each of the preliminary plat or plan, the application, the Environmental Impact Statement, and any protective covenants, easements and/or deed restrictions);
c. Board Engineer (one copy each of the preliminary plat or plan, the application, the Environmental Impact Statement, and any protective covenants, easements and/or deed restrictions);
d. Zoning Officer (one copy of the preliminary plat or plan);
e. Township Fire Official (one copy of the preliminary plat or plan);
f. Within seven days following a determination of completeness of an application for development, or any change to any application for development which was previously filed, notice of such application shall be given by the Township, in writing, to the Pinelands Commission in accordance with N.J.A.C. 7:50-4.18 (b).
g. At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary plat or plan and/or other items of submitted information shall be sent to other Township, County or State agencies and/or to other professional consultants as may be designated by the Board.
It shall be the applicant's responsibility, unless specifically provided otherwise by this ordinance, to submit the required application to any agency (including but not limited to the Burlington County Planning Board, the Burlington County Board of Health, the Burlington County Soil Conservation District, the Pinelands Commission and the New Jersey State Department of Environmental Protection) having jurisdiction over any aspect of the proposed development. |
4. The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 801.A.2 of this ordinance shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5. The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and § 801.A.2 of this ordinance shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
6. The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction in the time frame(s) as prescribed in §§ 804.E.4 and 804.E.5 hereinabove unless said preliminary major site plan or preliminary major subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and § 702.D of this ordinance, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
7. The designated professional Staff shall read any written reports submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this ordinance. The Township Staff may review the application at the Sub-Staff meeting and the full Planning Staff may review the application at its meeting. Subsequently, the professionals will perform a detailed review of the application and issue written reviews to the Township and applicant. The Staff shall offer its recommendations to the Board.
8. Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to mitigate any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any such adverse effect.
9. In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
a. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in §§ 400 and 600 of this ordinance, as the case may be, pursuant to N.J.S.A. 40:55D-65c.
b. That the proposals for maintenance and conservation of the common space are reliable, and the amount, location and purpose of the common open space are adequate.
c. That provision through 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;
d. That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;
e. 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.
10. All hearings held on applications for preliminary major subdivision approval and/or preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see § 706.D). Alternate design submissions will not be accepted; only one plat design will be accepted for public hearing.
11. For any application that is heard by the Planning Board and is continued for additional studies, reports, plans or revisions to previously submitted material, the new or revised material must be submitted to the Township at least 21 days prior to the hearing at which the new material is to be considered by the Planning Board.
12. If the Board acts favorably on the preliminary plat or plan, the Board Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
13. Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Revised plans will then be reviewed by the Board Engineer and Planner to verify conformity with the Resolution of Approval within 30 days after receipt of the revised submission. Five copies of the revised, verified plan should then be signed by the Board Engineer. Two copies will be sent to the Township and one copy will be returned to the applicant. After the final development plans have been approved by the Board Engineer, seven complete sets should be submitted to the Township. The plans will be stamped approved and distributed to Staff with one set returned to the applicant.
14. Notice of any grant or denial of preliminary site plan or subdivision approval or any other preliminary approval of any application for development provided for by the Municipal Land Use Law or any County or Township Ordinance shall be given to the Pinelands Commission by the Township, by certified mail, within five days following such grant or approval in accordance with N.J.A.C. 7:50-4.18 (d).
15. Any substantial plan revision required by an outside reviewing agency, including the County Planning Board or Pinelands Commission, after final action by the Planning Board, will require a new substantive review. Whenever a development application which has been the subject of a public hearing has been substantially amended, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
16. If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with § 706.F of this ordinance setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
17. No person shall carry out development within the Pinelands Area without obtaining approval in accordance with the following procedures and §§ 802.E and 808 of this ordinance:
a. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Pinelands Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
b. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1) Notification is received from the Pinelands Commission that review of the Township's approval is not required.
(2) Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 7:50-4.32 and a final order regarding the approval is received by the Township from the Pinelands Commission.
c. If the Pinelands Commission disapproves an application for development previously approved by the Township, such approval shall be revoked by the Township within 30 days of the Commission's action, and the Township shall thereafter deny approval of the application. If the Commission approves the decision of the Township subject to conditions, the Township approving authority which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.
F. Effect of Preliminary Approval of Major Subdivision Plats and Major Site Plans.
1. Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is granted:
a. That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein shall be construed to prevent the municipality from modifying by Ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
b. That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan; and
c. That the applicant may apply for and the Board may grant extensions on 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.
2. In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in § 804.F.1 hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
a. The number of dwelling units and nonresidential floor area permissible under preliminary approval;
c. The comprehensiveness of the development.
The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration: |
a. | The number of dwelling units and nonresidential floor area permissible under preliminary approval; |
b. | The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; |
c. | Economic conditions; |
d. | The comprehensiveness of the development; and |
e. | Provided that if the design standards have been revised by Ordinance, such revised standards may govern. |
3. Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection 804.F.1.c or 804.F.2 hereinabove and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
4. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: (1) what would otherwise be the expiration date; or (2) the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later. An extension granted pursuant to this Subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection 804.F.1.c or 804.F.2 hereinabove.
5. Notwithstanding the foregoing, all preliminary major subdivision and preliminary major site plan approvals shall expire three years from the date on which the resolution of approval is adopted, plus any extensions. Failure of an applicant or developer to submit an application for final approval within three years of the date on which the resolution of preliminary approval was adopted, plus any extensions granted beyond that initial period, shall result in the expiration and invalidation of the Preliminary Approval. If the rights referred to in Subsection 804.F.1 are granted for a period of time longer than three years pursuant to Subsection 804.F.2, such approval shall expire as set forth in the resolution of approval unless extensions are granted beyond that initial period. No application for final approval of a subdivision or site plan shall be considered unless it has been submitted prior to the expiration date of the preliminary approval as set forth herein.
The applicant may apply for and the Board may grant extension on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years as set forth in N.J.S.A. 40:55D-49(e), provided that if the design standards have been revised by ordinance, such revised standards may govern.