Township of Medford, NJ Development Application Review Procedures

If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.

The demolition of any structure that is less than 50 years old.

The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;

The repair or replacement of any existing on-site waste water disposal system;

The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.

[Amended 10-16-2018 by Ord. No. 2018-21]

The clearing of land solely for agricultural or horticultural purposes.

[Amended 10-16-2018 by Ord. No. 2018-21]

Fences, provided no more than 1,500 square feet of land is to be cleared;

Above-ground telephone equipment cabinets;

Tree pruning;

The following forestry activities:

Normal and customary forestry practices on residentially improved parcels of land and are five acres or less in size;

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year;

Prescribed burning and the clearing and maintaining of fire breaks; or

Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 803.B.13 or 804.B.22.

The installation of an accessory solar energy facility on any existing structure or impervious surface.

[Added 10-16-2018 by Ord. No. 2018-21]

The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.

[Added 10-16-2018 by Ord. No. 2018-21]

The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

[Added 10-16-2018 by Ord. No. 2018-21]

The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

[Added 10-16-2018 by Ord. No. 2018-21]

The exceptions contained in Subsection 802.E.1 hereinabove shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

In addition to meeting the applicable requirements of §§ 803 through 807 of this ordinance, any application for development in the Pinelands Area shall meet the requirements specified in § 808 of this ordinance.

Nothing herein shall preclude any local or State agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to Subsection 802.E.1 hereinabove.

In lieu of a certificate of filing and the filing of all application materials with the Pinelands Commission as required in § 802.E.1 above, the procedures set forth in § 808.H shall apply to certain applications in the Pinelands Area for the development of a single-family dwelling on an existing lot of record, home occupations, and certain applications for changes of nonresidential use to another nonresidential use meeting the requirements of § 808.H.

[Added 8-24-2010 by Ord. No. 2010-27]

§ 803 Submission of Minor Subdivision Plats and Minor Site Plans.

[Ord. No. 1992-1 § 2; Ord. No. 1996-4 §§ 14, 15; Ord. No. 1997-16 § 65; Ord. No. 2001-29 § 8]

Procedure for Submitting Minor Subdivision Plats and Minor 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 minor plat or plan if the application will be heard by the Planning Board or 17 copies of the minor 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; four copies of the Environmental Impact Statement; 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 for processing in conjunction with the application.

Details Required for Minor Subdivision Plats and Minor Site Plans. Each minor plat or minor 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 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; or 30 inches by 42 inches). All plan sheets shall be folded into eighths with the title block revealed.

Each minor plat or plan shall show the following information as applicable to a minor subdivision or minor 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:

A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 2,000 feet.

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

Name of subdivision or development, Township of Medford and Burlington County, with each sheet specifically titled with appropriately descriptive words;

Name, title, address and telephone number of subdivider or developer;

Name, title, address, telephone number, signature and license number of the professional or professionals who prepared the plat or plan;

Name, title and address of the owner or owners of record;

North arrow;

Scale (written and graphic); and

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

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.

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.

Approval signature and date lines for the Chairman and Secretary in all cases and the Township Engineer in the case of a minor 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.

Acreage figures to the nearest tenth of an acre (both with and without areas within public rights-of-way).

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.

Tract boundary line (heavy solid line).

Zoning districts affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development.

Certification from the Township Tax Collector that all taxes and assessments are paid to date.

The location of existing and proposed property lines (with bearings, distances, and area and setback lines), streets, structures (with their numerical dimensions, shortest distance measurement between any existing and proposed buildings and existing or proposed lot lines, and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundary.

The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled.

Proposed buffer and landscaped areas including any deed restricted buffer, if required.

If the tract is located within the Pinelands Area of the Township, the location and character of existing vegetation, including predominant vegetation types and all wetlands should be shown.

For minor site plans only, the location and identifications of existing vegetation outside of wooded areas and an indication as to whether existing vegetation is to remain or to be removed and a planting schedule of proposed landscaping.

For sites within the Pinelands, all landscaping plans shall incorporate the elements set forth in § 516.D.1.

All streams, lakes and floodways, based on Soil Conservation Service data, including:

Direction of flow.

Location of all drainage structures.

Floodplain limits.

Wetlands.

Swamps.

Contours as shown on the U.S.G.S. topographic sheets and proposed grades.

Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof.

The name of all adjacent property owners and adjacent block and lot numbers as they appear 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.

18.

For minor site plans only:

Lighting details in accordance with the standards of this ordinance.

Freestanding sign details showing location and dimensions.

Circulation and parking details in accordance with the standards of this ordinance including sight triangles at intersections, driveways and aisles, parking spaces, ingress and egress, loading, sidewalks, curbs, railroad ties, handicapped parking and curb cuts, and improvement details for the above.

Drainage calculations and any proposed drainage improvements, including full details.

19.

When a common drive is proposed, the applicant shall show:

Sight triangle easement.

Limits for cross easements.

Materials to be used for construction of the common drive.

20.

Concerning minor subdivisions only, existing and proposed monuments.

21.

Proposals for soil erosion and sediment control as required by N.J.S.A. 4-24-39 et seq. and soil limits and information based on the Burlington County Soil Survey prepared by the U.S. Department of Agriculture.

22.

All minor subdivision 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 waiver request. The Board shall act upon the requested waiver.

23.

No minor subdivision or minor site plan involving any street(s) additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this ordinance shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the Township or other appropriate governmental agency.

24.

Plans of proposed improvements and utility layouts including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. 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.

The applicant shall show any existing wells and/or septic systems.

The applicant shall show proposed septic system and/or well locations.

In the Pinelands Area, the location, size, type and capacity of the sanitary facility shall be shown and the results of soil boring and percolation tests in accordance with N.J.S.A. 58:11-23 et seq.

The applicant shall show proposed public water and/or sewer connections.

When septic systems are proposed, the applicant shall supply boring and percolation test results for each lot, taken in accordance with the standards as established in this ordinance to establish seasonal high water. In the Pinelands Area, the location, size, type and capacity of the sanitary facility shall be shown and the results of test boring and percolation tests in accordance with N.J.S.A. 58:11-23 et seq.

When public sewer is proposed, the applicant shall supply one boring for each lot if soil maps indicate that the seasonal high-water table may exceed Ordinance standards for a buildable lot.

25.

No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this ordinance.

26.

Deed descriptions (including metes and bounds), easements, covenants, restrictions and roadway dedications shall be submitted for approval and required signatures as required by the Map Filing Law prior to filing with the County Recording Officer. Locations for signatures must be placed such that seals may be placed over signatures where required.

27.

Evidence that a duplicate copy(ies) of the application for minor development has been filed with any other agency (including but not limited to the Burlington County Planning Board, Burlington County Board of Health, and Burlington County Soil Conservation District) 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.

28.

A Township "Certificate of Completeness" form signed by the applicant's engineer/architect/land surveyor.

29.

For applications for development proposing to be served by public water and/or sewer service, certification from the Director of Municipal Utilities that such public water and/or public sewer service is available.

30.

For application for minor site plan or minor subdivision involving historic sites or buildings or structures located within an area designated as a "Historic District," a Historic Impact Statement is required in accordance with Subsection 806.E of this ordinance. (Minimum of 10 copies shall be submitted.)

31.

All applicable applications for minor site plan or minor 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.)

Action by the Township on Minor Subdivision Plats and Minor Site Plans.

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:

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.

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:

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

If waivers of checklist items have been specifically requested by the applicant in the application for development, the Planning Board or the 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.

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 § 803.B and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with § 803.C.1.a or 803.C.1.b hereinabove.

In the event the Administrative Officer fails to act pursuant to Subsections 803.C.1.a or 803.C.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.

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, all as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met; provided, however, that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

The Planning Board (one copy each of the minor plat or plan, the application, and any Environmental Impact Statement) or the Zoning Board of Adjustment (seven copies of the minor plat or plan and one copy each of the application, and any Environmental Impact Statement);

Board Planner (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement);

Board Engineer (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement);

Zoning Officer (one copy of the minor plat or plan);

Township Fire Official (one copy of the minor plat or plan);

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).

At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the minor 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 in 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.

The Planning Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board 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 minor subdivision or minor site plan 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.

The Zoning Board shall take action on a minor subdivision or minor site plan application under its jurisdiction in the time frame(s) as prescribed in § 803.C.4 hereinabove unless said minor subdivision or minor site plan 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 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.

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.

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 remove 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 developed further, the applicant may be required to submit a sketch of the entire remaining 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 adverse effect.

All hearings held on applications for minor 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.

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.

When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made and at least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Board Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approved resolution, adopted in accordance with § 706.F of this ordinance, within 10 days of its adoption by the Board.

If plan revisions are required after a Board hearing and decision, 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.

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 for the layout of improvements or impact on adjoining properties, it shall be proceeded upon as a new application.

When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with § 706.F of this ordinance, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

Within 190 days from the date on which the resolution of municipal approval of a minor subdivision is adopted by the Board, a plat map drawn in compliance with the Map Filing Act, P. L. 190 c. 141 (C.46:29-9.9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer; provided that if an applicant elects to file a deed, said deed shall be accompanied with a photographically reduced copy of the approved plat. Unless filed within the 190 days or an extension for filing is granted by the Board, the approval shall expire and will require Board approval as in the first instance.

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision or deed if the developer proves to the reasonable satisfaction of the Planning Board: (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The zoning requirements and general terms and conditions, whether conditional or otherwise, shall not be changed for a period of two years either after the date on which the resolution of approval is adopted by the Board for a minor subdivision or after the date of approval by the Board of a minor site plan. The Planning Board shall grant an extension of this period 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.

Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide five copies of the plat or plan in order to furnish copies to each of the following:

Township Engineer (in the case of subdivisions only, a map of the plat drawn to the tax map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Board Engineer);

Construction Official;

Township Tax Assessor;

Notice of any final determination approving or denying any application for development shall be given to the Pinelands Commission by the Township, by certified mail, within five days following such determination in accordance with N.J.A.C. 7:50-4.18(e).

Such other Township, County or State agencies and officials as directed by the Board.

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:

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.

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:

Notification is received from the Pinelands Commission that review of the Township's approval is not required.

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.

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.

§ 804 Submission of Preliminary Major Subdivision Plats and Preliminary Major Site Plans.

[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]

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.

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:

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.

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

Name of subdivision or development, Township of Medford, Burlington County, with each sheet specifically titled with appropriately descriptive words;

Name, title, address and telephone number of subdivider or developer;

Name, title, address, telephone number, signature, seal, and license number of the professional or professionals who prepared the plat or plan;

Name, title and address of the owner or owners of record;

North arrow;

Scale (written and graphic);

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet; and

Space for the application number.

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.

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.

Acreage to the nearest tenth of an acre (both with and without areas within public rights-of-way).

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.

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.

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.

Zoning districts and lines affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development.

Certification from the Township Tax Collector that all taxes and assessments are paid to date.

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.

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.

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:

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;

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;

The location and extent of drainage and conservation easements and stream encroachment lines;

The location, construction details, and type of adequate drainage provisions to reasonably reduce and minimize exposure to flood damage;

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;

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

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.

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.

Soil Tests:

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

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.

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:

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.

A map drawn to scale (minimum scale one inch equals 100 feet showing the contributing area to each inlet or cross drain.

Computations.

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:

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.

Stormwater management calculations.

Feasibility of conveying and treating the sewage generated by the proposed development within the existing Township system.

Schools.

Police and fire protection.

Road and traffic, specifically with reference to any Township circulation plan.

Sanitation and trash disposal.

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:

The features for preservation.

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.

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.

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.

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.)

Environmental Impact Statement.

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:

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.

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.

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.

All minor subdivisions, preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement.

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:

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:

Township Master Plan.

Master Plan of Adjacent Municipalities.

Burlington County Master Plan.

State Development and Redevelopment Plan.

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.

Site Description and Inventory. Provide a description of the environmental conditions on the site, including the following items:

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.

Topography. Describe the topographic conditions on the site.

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.

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.

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.

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:

Soil erosion and sedimentation resulting from surface run-off.

Flooding and floodplain disruption.

Degradation of surface water quality.

Ground water pollution.

Reduction of ground water capabilities.

(6)

Sewage disposal.

(7)

Solid waste disposal.

(8)

Vegetation destruction.

(9)

Disruption of wildlife habitats of endangered and protected species.

(10)

Destruction or degradation of scenic and historic features.

(11)

Air quality degradation.

(12)

Noise levels.

(13)

Energy utilization.

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:

Drainage plans which shall include soil erosion and sedimentation controls.

Sewage disposal techniques.

Water supply and water conservation proposals.

Energy conservation measures.

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.

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.

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.

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.

Preliminary Assessment.

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.

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.

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.

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.

Further Requirements.

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.

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.

Soil Testing.

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.

Soil Sampling and Testing Required; Notification.

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.

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.

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.

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.

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.

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.

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.

Further Requirements.

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.

Traffic Impact Statement.

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.

Contents of Report. The Traffic Impact Statement shall contain the following information:

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.

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.

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.

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.

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.

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.

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.

Action by the Township on Preliminary Major Subdivision Plats and Preliminary Major Site Plans.

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:

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

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.

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.

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.

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.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

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;

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);

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);

Zoning Officer (one copy of the preliminary plat or plan);

Township Fire Official (one copy of the preliminary plat or plan);

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.

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.

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.

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.

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.

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

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.

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.

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;

That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established;

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.

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.

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.

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.

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).

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.

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.

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:

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:

Notification is received from the Pinelands Commission that review of the Township's approval is not required.

Effect of Preliminary Approval of Major Subdivision Plats and Major Site Plans.

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:

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;

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

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.

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:

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 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.

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.

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.

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.

§ 805 Submission of Final Major Subdivision Plats and Final Major Site Plans.

[Ord. No. 1992-1 § 2; Ord. No. 1996-4 §§ 19 — 21; Ord. No. 2003-18 § 1]

Procedure for Submitting Final Major Subdivision Plats and Final 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 final plat or plan if the application will be heard by the Planning Board or 17 copies of the final 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; and the fee in accordance with § 901 of this ordinance, including a signed escrow agreement.

Details Required for Final Major Subdivision Plats and Final Major Site Plans. The following information shall be submitted:

All details stipulated in §§ 804.B of this ordinance.

All additional details required at the time of preliminary approval shall be submitted.

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

Detailed architectural and engineering data including:

An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.

Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including centerline geometry and horizontal alignments with bearings, radii and tangents.

Plans and profiles of all storm and sanitary sewers and water mains.

All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.

A copy of the signed preliminary plat or plan in conformance with the resolution of approval.

Notification of Pinelands Commission review of the preliminary plat.

Evidence that a duplicate copy(ies) of the application for development has been filed with any other agency (including but not limited to the Burlington County Board of Health and Burlington County Soil Conservation District) having jurisdiction over any aspect of the proposed development.

Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.

The final submission shall be accompanied by the following documents:

Certification from the Township Tax Collector that all taxes and assessments are paid to date;

A street numbering plan by the Administrative Officer.

The applicant shall certify in writing to the Board that he has:

Installed all improvements in accordance with the requirements of this ordinance and preliminary plat approval with a maintenance guarantee accompanying the final plat; and/or,

Posted a performance guarantee in accordance with § 902 of this ordinance; and

Provided a construction schedule for all improvements yet to be installed which establishes the scheduling and timing of installation of all improvements covered by the performance guaranty. The approved schedule shall be required for the protection of the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the project. The schedule shall be included in the resolution granting final approval, and completion of the improvements in accordance with the schedule shall be a condition of approval.

A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in § 902 of this ordinance, and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.

Action by the Township on Final Major Subdivision Plats and Final Major Site Plans.

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:

Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or

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 § 805.B and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with §§ 805.C.1.a or 805.C.1.b hereinabove.

In the event the Administrative Officer fails to act pursuant to Subsections 805.C.1.a or 805.C.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.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

The Planning Board (one copy each of the final plat or plan and the application) or the Zoning Board of Adjustment (seven copies of the final plat or plan and one copy of the application);

Board Engineer (one copy each of the final plat or plan and the application);

Zoning Officer (one copy each of the final plat or plan);

Township Clerk (one copy each of the final plat or plan and the application for the Township's files);

Township Fire Official (one copy each of the final plat or plan);

At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the final 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.

The Board shall take action of final site plan and final subdivision applications 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.

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 regular 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.

If the Board acts favorably on the final 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 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies.

For any application that is heard by the 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 Board.

After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with § 706.F of this ordinance:

Township Clerk (one paper copy);

Township Engineer (one paper copy and, in the case of subdivisions only, one mylar copy drawn to the tax map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Board Engineer);

Zoning Officer (one paper copy);

Township Tax Assessor (one paper copy);

The Applicant (one paper copy and, in the case of subdivisions only, one mylar copy);

Notice of any final determination approving or denying any application for development shall be given to the Commission by the local agency, by certified mail, within five days following such determination in accordance with N.J.A.C. 7:50-4.18(e).

Such other Township, County or State agencies and officials as directed by the Board.

Within 95 days from the date of signing of the final subdivision plat, the subdivider shall file a copy of same with the Burlington County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.

The Planning Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Planning Board: (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

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:

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:

Notification is received from the Pinelands Commission that review of the Township's approval is not required.

CERTIFICATE OF APPROPRIATENESS

Effect of Final Approval of Major Subdivision Plats and Major Site Plans.

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.

If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three and extensions.

In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in § 805D.1 hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:

The number of dwelling units and nonresidential floor area permissible under final approval;

Economic conditions; and

The comprehensiveness of the development.

The developer may apply for thereafter, and the Board may thereafter grant, an extension to final 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 final approval;
b.	The number of dwelling units and nonresidential floor area remaining to be developed;
c.	Economic conditions; and
d.	The comprehensiveness of the development.

Whenever the Planning Board grants an extension of final approval pursuant to Subsection 805.D.1.b or 805.D.2 of this section and final 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.

The Planning Board shall grant an extension of final 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 approval 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 805.D.1.b or 805.D.2 hereinabove.

Notwithstanding the foregoing, all final major subdivision and final major site plan approvals shall expire two years from the date on which the resolution of approval is adopted, plus any extensions. Failure of an applicant or developer to obtain building permits for final major site plans or to file the final major subdivision plat for which such final approval was granted within two years of the date on which the resolution of final approval was adopted, plus any extensions granted beyond that initial period, shall result in the expiration and invalidation of the final approval. If the rights referred to in Subsection 805.D.1 are granted for a period of time longer than two years pursuant to Subsection 805.D.2, such approval shall expire as set forth in the resolution of approval unless extensions are granted beyond that initial period.

The applicant may apply for and the Board may grant extension on such final approval for additional periods of at least one year, but not to exceed a total extension of three years, as set forth in N.J.S.A. 40:55D-52 provided that if the design standards have been revised by ordinance, such revised standards may govern.

§ 806 Preservation of Structures and Sites.

[Ord. No. 1992-1 § 2; Ord. No. 1996-4 §§ 22, 23]

Purpose. It is the expressed intent of these provisions to protect, enhance, perpetuate and preserve structures and sites of historic, aesthetic, cultural and architectural value within those areas of the Township of Medford designated as an "Historic District" in accordance with N.J.S.A. 40:55D-111 and as delineated on the "Medford Village Historic Preservation and Growth Plan" map.

It is further the intent of these regulations to safeguard the heritage of the Township of Medford by preserving that part of the Township which reflects elements of its cultural, social, economic and architectural history and to promote the use of the "Village" area for the education, pleasure and welfare of the citizens of the Township and its visitors; to maintain and improve property values by encouraging renovation and new construction compatible with existing aesthetic patterns in order to promote and continue revitalization of Medford's downtown area; and to foster civic pride in the beauty and accomplishments of the past.

Definitions for Purposes of This ordinance Section.

ADDITION

The construction of a new improvement as a part of an existing structure when such new improvement changes the exterior appearance of any structure.

ALTERATION

Any work done on any improvement(s) which:

Is not an addition to that improvement; and

Changes the appearance of the exterior surface of any improvement.

A document that is recommended by the Historic Preservation Commission and issued by the Planning Board, Zoning Board of Adjustment or Historic Preservation Commission, following a prescribed series of hearings and review procedures, certifying that the proposed development is found to be acceptable in terms of design criteria relating to an Historic District as an entity, or to an individual site, structure or building within an Historic District.

DEMOLITION

The partial or total razing or destruction of any Historic Site or any improvement within the Historic District.

HISTORIC DISTRICT

The Historic District as delineated on the "Medford Village Historic Preservation and Growth Plan" map within the Comprehensive Master Plan of the Township and including those lands within the "Historic Village Commercial," "Historic Village Residential," and "Residential Home Occupation" Districts. Additionally, those lands within the "Planned Industrial" and/or "Restricted Commercial" Districts which are adjacent the three aforementioned Districts shall be subject to the "Historic Preservation" requirements specified herein.

HISTORIC SITE

Any real property, man-made structure, natural object or configuration, or any portion or group of the foregoing, which has been formally designated as an "Historic Site" within the Comprehensive Master Plan of the Township.

IMPROVEMENT

Any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 continuous days.

REPAIR

Any work done on any improvement(s) which:

Is not an addition to that improvement; and

Does not change the appearance of the exterior surface of any improvement.

REPLACEMENT

Repairs, when a construction permit is required for same.

Review Requirements Pertaining to Site Plan and Subdivision Applications.

Any development activity, new building or structure or any addition, reconstruction, restoration, alteration, or demolition to an existing building or structure designated as an Historic Site or located within an area designated as an "Historic District" shall require review and issuance of a certificate of appropriateness by the Planning Board or Zoning Board of Adjustment, as the case may be, in order to ensure that all architectural design features are appropriate.

The Board shall refer any applicable application to the Historic Preservation Commission in accordance with N.J.S.A. 40:55D-110 for their review and comment, which shall be rendered to the Board in writing within 30 days after referral.

All applicable applications for site plan or subdivision approval involving Historic Sites or buildings or structures located within an area designated as an "Historic District" shall be accompanied by an "Historic Impact Statement" in accordance with § 806.E of this ordinance hereinbelow. Twenty copies of the Historic Impact Statement shall be submitted and shall be distributed by the Administrative Officer in the following manner:

Planning Board (one copy) or Zoning Board of Adjustment (seven copies);

Historic Preservation Commission (8 copies);

Board Planner (one copy); and

Township Clerk (one copy for files).

All applicable applications for site plan or subdivision approval involving Historic Sites or existing or proposed buildings or structures located 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. The architectural plans and elevations shall be binding on the applicant, and at the time of construction, the Construction Official shall verify that the actual construction plans are in substantial conformity to the preliminary architectural plans and elevations submitted by the applicant and approved by the Board. The ultimate builder of the development, whether or not the builder was the applicant, and the applicant are responsible to ensure that the development as constructed is in substantial conformity with the preliminary architectural plans and elevations submitted to and approved by the Board.

Review Requirements Pertaining to Sign Permit and Construction Permit Applications.

Any application for a sign permit or construction permit pertaining to any sign, to any new building or structure, or to any addition or alteration to an existing building or structure involving an Historic Site or located within an area designated as an "Historic District" shall require review and approval of the Historic Preservation Commission when the subject of such sign permit or construction permit has not been approved by the Planning Board or Zoning Board of Adjustment, as the case may be, as part of a subdivision or site plan application approval. The purpose of the review is to ensure that all architectural design features are appropriate. Any "replacement," as defined in § 806.B hereinabove, shall not require review by the Historic Preservation Commission, even though a construction permit is required.

The Zoning Officer (in the case of sign permits) or the Construction Official (in the case of construction permits) shall refer any applicable application to the Historic Preservation Commission within 10 days of its receipt by the Zoning Officer or Construction Official, as the case may be.

The Historic Preservation Commission shall render a written report pertaining to the sign permit or construction permit to the Zoning Officer or Construction Official, as the case may be, within 45 days of its referral to the Historic Preservation Commission. If within said 45 days, the Historic Preservation Commission recommends that a sign permit or construction permit be issued, the Zoning Officer or the Construction Official, as the case may be, shall immediately issue the permit. No applicable permit shall be issued by the Zoning Officer or Construction Official except in accordance with the recommendation of the Historic Preservation Commission, provided that failure of the Historic Preservation Commission to render its written report within said 45 days shall be deemed to constitute approval of the application as submitted.

All applications for a sign permit or construction permit pertaining to any sign, to any new building or structure, or to any addition or alteration to an existing building or structure involving an Historic Site or located within an area designated as an "Historic District" shall be accompanied by an "Historic Impact Statement" in accordance with § 806.E of this ordinance hereinbelow. Ten copies of the Historic Impact Statement shall be submitted and shall be distributed by the Administrative Officer in the following manner:

Historic Preservation Commission (nine copies); and

Township Clerk (one copy for files).

A fee shall be paid in accordance with § 901 of this ordinance.

Historic Impact Statement. The Historic Impact Statement shall document and discuss the historical and/or architectural value and significance of the building, structure and/or site and its relationship to the historic value of the surrounding area. Additionally, the architectural compatibility of the proposed exterior design and materials to be used shall be specifically addressed in accordance with the following guidelines:

Every reasonable effort shall be made to provide a compatible use for the property as permitted by this ordinance, which requires minimal alteration of the building(s), structure(s), or site and its environment, or to use a property for its originally intended purpose.

The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided when possible.

All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be recognized, respected and treated with sensitivity.

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement or expansion is necessary, the new materials shall match the materials being replaced or expanded upon in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence.

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project.

Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural, or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood, or environment.

Whenever possible, new additions or alterations to structures shall be done in a manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

The following factors shall be used in determining the visual compatibility of a building or sign with the buildings and places to which it is visually related and shall be known as "visual compatibility factors."

Height: The height of the proposed building shall be visually compatible with adjacent buildings.

Proportion of building's front facade: The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.

Proportion of openings within the facility: The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of solids to voids in front facades: The relationship of solids to voids in the front facade of a building shall be visually compatible with the building and places to which it is visually related.

Rhythm of the spacing of buildings on streets: The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the building and places to which it is visually related.

Relationship of materials, texture and color: The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

Roof shapes: The shape of a building shall be visually compatible with buildings to which it is visually related.

Walls of continuity: Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.

Scale of building: The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.

Directional expression of front elevation: A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or non-directional character.

Signs: Signs in the Historic District and signs located at Historic Sites shall be of an appearance, color, size, portion, method of attachment, texture of materials and design, which conform to the historical and distinctive character of the historic district or site, and does not injuriously affect it or impair the value of the community of those buildings having architectural or historical worth. In addition, all signs shall conform with all other applicable provisions in this ordinance.

Action by the Township.

The Planning Board or Zoning Board of Adjustment or Historic Preservation Commission, as the case may be, in considering the appropriateness of exterior architectural features, shall keep in mind the purposes set forth in this section and shall consider, among other things, the general design, arrangement and material of the building or structure in question and the relationship of such factors to similar features of historic structures in the immediate surroundings and the position of such structures in relationship to the street or public way and each other.

The Planning Board or Zoning Board of Adjustment or Historic Preservation Commission, as the case may be, shall not make any requirements except for the purpose of preventing developments obviously incongruous to the historic aspects of the surroundings.

The Board shall be lenient in its judgment of plans for new construction or for alterations, repair or demolition of structures of little historic value which are within the "Historic District," except where such construction, alteration, repair or demolition would seriously impair the historic value and character of surrounding structures or the surrounding area.

The Board shall provide encouragement that any alterations or repairs to structures in the "Historic District" be made in the spirit of their architectural style and that any additions will be made in such manner as not to detract from a building's original appearance.

It is the intent of this section that the Board be strict in its judgment of plans and alterations, repairs or demolition of existing structures deemed valuable according to studies, approved by the Planning Board or Zoning Board of Adjustment of the Township of Medford, by qualified persons using as the criteria of evaluation those developed by the Medford Village Historic Preservation and Growth Plan. Small additions and construction to existing properties in the "Historic District" such as decks, porches, garages and the like, which are not visible from the street and have minimal or no impact on the historic character of the area, may be reviewed and approved by the Board staff upon notice to the full Planning Board or Zoning Board of Adjustment of such action.

§ 807 Submission of Optional General Development Plans for Planned Developments.

[Ord. No. 1992-1 § 2; Ord. No. 1996-4 § 24]

Applicability. Any developer proposing a Planned Development at least 100 acres in size and as defined and permitted by this ordinance may elect to seek General Development Plan approval prior to the granting of any preliminary approval for the proposed development.

Details Required for General Development Plans. The applicant shall submit eight copies of the General Development Plan to the Administrative Officer at least three weeks prior to the next regular meeting of the Board.

Each General Development 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 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). If one sheet is not sufficient to contain the entire tract, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheets.

Each General Development Plan shall show the following information:

A key map showing the entire tract and its relation to the surrounding areas, at the scale of the Township Tax Map, and providing sufficient information to identify the tract location;

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

Name of subdivision or development, Medford Township, Burlington County;

Name, title, address and telephone number of subdivider or developer;

Name, title, address and license number of the professional or professionals who prepared the plat or plan;

Name, title and address of the owner or owners of record;

Scale (written and graphic); and

Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.

North arrow and meridian;

Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement;

Approval signature lines:

Chairman;

Secretary; and

Township Engineer.

Acreage to the nearest tenth of an acre and a computation of the area of the tract to be disturbed;

The names 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 Township Tax Assessor;

Tract boundary line (heavy solid line);

Zoning districts affecting the tract and within 200 feet thereof, including district names and requirements, and a comparison to the application;

The locations and dimensions of existing and proposed bridges and the location of natural features such as wetlands (including wetlands transition zones), wooded areas, and any extensive rock formations, both within the tract and within 200 feet of its boundaries;

A Land Use Plan indicating the entire tract which shall include the following:

Both maps and text indicating the specific land areas to be devoted to specific land uses;

Residential land areas specifically indicating the acreage, density and the type of dwelling units proposed;

Nonresidential land areas, if permitted, specifically indicating the acreage, square footage and floor/area ratio, and the specific type of use proposed;

The conceptual footprints of all proposed buildings with typical dimensions;

The approximate and maximum height of all proposed buildings;

The location of parking areas and the number of parking spaces;

Typical distances between buildings, from tract boundary lines and between adjacent land areas devoted to a different type of land use; and,

General calculations of impervious surface coverage, disaggregating building coverage from parking/driveway/street coverage.

An Open Space And Recreation Plan indicating the land areas to be devoted to open space, conservation, and recreational purposes, including a general description of the improvements proposed to be made thereon and a plan for the operation and maintenance of said land areas. Documentation should accompany the Open Space And Recreational Plan showing that the requirements of this ordinance regarding open space in the Planned Development have been satisfied.

A Traffic Circulation Plan in accordance with the requirements for a "Traffic Impact Statement" as specified in Subsection 804.D of this ordinance and indicating all proposed collector and local streets, all proposed improvements to existing roads, and all critical elevations and grades. Moreover, the plan should indicate how the overall road network relates to the terrain, to the overall design of the Planned Development, to plans of the State of New Jersey and of Burlington County, if any, and to the road networks of the Township and neighboring municipalities.

A Pedestrian Circulation Plan showing the general location and types of facilities for pedestrian access within the Planned Development.

A Utility Plan indicating existing and proposed sewer and water lines, pump stations, water supply wells, sewage treatment plants and proposed methods for handling solid waste disposal. Additionally, tract connections to electric, gas, cable, and telephone facilities shall be indicated and a plan for the operations and maintenance of the proposed utilities shall be submitted.

A Storm Water Management Plan indicating in general terms the proposed method of controlling and draining water on and from the site, and including sufficient supportive calculations as required by the Planning Board Engineer in order to ascertain the adequacy of the plan. Additionally, a conceptual description of the intended Soil Erosion And Sediment Control Plan shall be provided.

18.

A Community Facilities Plan, indicating the scope and type of supporting community facilities to be provided.

19.

A Housing Plan in the case of an Easttown Planned Development only, indicating compliance with the requirements of this ordinance regarding the "Mt. Laurel II" obligations of the development.

20.

An Environmental Impact Statement is required in accordance with the provisions specified in Subsection 804.C of this ordinance. The design of the proposed Planned Development is to be environmentally sensitive, with the least amount of land disturbance as practical.

21.

A Staging Plan where the Planned Development is intended to be developed over a number of years, indicating the areas to be developed in each stage and the priority of each stage. The eventual development of each stage should be specifically related to the Land Use Plan, the Traffic Circulation Plan, the Storm Water Management Plan and the Utility Plan in order to ensure that the Staging Plan is a workable one, that a reasonable balance of the different components of the proposed development are maintained in each stage, and that the interests of the public and of the residents and employees, as applicable, who occupy any section of the Planned Development prior to the completion of the development in its entirety will be protected. Residential and open space portions of the Planned Development are to be developed prior to the nonresidential portions, in a ratio to be determined by the Planning Board during its review of the proposed Planned Development.

22.

A Local Service Plan indicating the public services which the applicant proposes to provide and which shall include, but not be limited to, water, sewer, cable and solid waste disposal.

23.

A Community Impact Statement describing the anticipated demographic, school and fiscal costs and benefits of the Planned Development, including a detailed projection of property tax revenues which will accrue to the Township, County and Board of Education.

24.

A Municipal Development Agreement providing for the effectuation of any agreements between the developer and the Township, including a schedule of payments for off-tract improvements and contributions relating to the development including, but not limited to, such matters as road improvements, open space areas, utility improvements, recreational facilities, community facilities and, in the case of an Easttown Planned Development only, "Mt. Laurel II" housing requirements.

Action by the Township.

The Planning Board shall review the application for the General Development Plan for the purpose of determining, within 45 days of its submission, whether said application is complete. Thereafter:

If said application is found to contain all of the information required by Subsection 807.B of this ordinance hereinabove, the Planning Board shall certify that said application is complete.

If said application is found to lack some of the information required by said Subsection 807.B, the Planning Board 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 the Planning 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, provided that they be submitted to the Township within a specified time period.

An applicant may request waiver of one or more of the submission requirements set forth in Subsection 807.B and said request shall be granted or denied by the Planning Board within 45 days after receiving such a request in writing.

In the event the Planning Board fails to act pursuant to Subsections 807.C.l.a through 807.C.1.c hereinabove, said application shall be deemed complete as of the 46th day following its submission.

On the day the aforesaid application is certified complete, 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 Subsection 807.B of this ordinance, and/or may require revisions in the application documents; each and all as are reasonably necessary in order for the Board 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.

Promptly after certification of completeness, the application documents shall be distributed by the Secretary of the Planning Board in the same manner as set forth in this ordinance for a Preliminary Site Plan.

The Planning Board shall grant or deny an application for General Development Plan approval within 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.

Any proposed application 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 adjacent properties may be required to be revised to mitigate the adverse effect(s) prior to further review or approval by the Board.

The Board shall find the following facts and conclusions prior to granting General Development Plan approval:

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in this ordinance pursuant to N.J.S.A. 40:55D-65c;

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;

That provisions 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, visual enjoyment are adequate;

That the proposed Planned Development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and

In the case of a proposed Planned 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.

All hearings held on any application for General Development Plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the 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 in accordance with the requirements of this ordinance.

Effect of General Development Plan Approval.

The term of the effect of the General Development Plan approval shall be determined by the Planning Board, but shall not exceed seven years from the date upon which the developer receives final approval of the first section of the Planned Development. 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 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.

The General Development Plan shall set forth the permitted number of dwelling units and the square footage of nonresidential uses according to a timing 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 N.J.S.A. 40:55D-1, or any Ordinance or regulations adopted pursuant thereto after the effective date of the approval.

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 conditions, anticipated and actual needs for the residential units within the Township and the region, and the availability and capacity of public facilities to accommodate the proposed development.

Except as provided hereunder, the developer shall be required to gain the prior approval of the Planning Board if, after the 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 square footage of nonresidential development in any section of the Planned Development.

Any variation in the location of land uses or increase in the density proposed in reaction to a negative decision of, or condition of development approval imposed by, the Pinelands Commission and/or the Department of Environmental Protection pursuant to P.L. 1973, c.185 (C.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 Pinelands Commission and/or the Department of Environmental Protection, as the case may be.

Once a General Development Plan has been approved by the Planning Board, annual written and oral status reports shall be delivered by the landowner to both the Planning Board and Township Council at approximate twelve-month intervals subsequent to the date of approval and prior to the completion of the development. Moreover, the General Development Plan may be amended or revised only pursuant to approval by the Planning Board of an application submitted by the developer, except that a developer, without violating the terms of the approval pursuant to this ordinance may, in undertaking any section of the Planned Development, reduce the number of residential units by no more than 15% or reduce the residential density by more than 15%; provided, however, that a developer may not reduce the number of residential units accounted for pursuant to P.L. 1985, C.222 (C.52:27D-301 et al).

Upon the 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, as evidence that the developer is fulfilling his obligations under the approved plan. For the purpose of this section, "completion" of any section of the development shall mean that the developer has acquired a Certificate of Occupancy for every residential unit and nonresidential building as set forth in § 15 of P.L. 1975 and the approved General Development Plan pursuant to C.217 (C.52:27D-133).

If a developer does not complete any section of the Planned Development within eight months of the date provided for in the approved plan, or if at any time the Township has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the Township shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence he is fulfilling his obligation pursuant to the approved plan. The Township 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 Township 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.

In the event that a developer who has General Development Plan approval does not apply for preliminary approval for the Planned Development which is the subject of that General Development Plan within five years of the date upon which the General Development Plan has been approved by the Planning Board, the Township shall have cause to terminate the approval.

In the event that a Planned 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 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.

No portion of any lands having received General Development Plan approval shall be conveyed separately from the entire lands having received General Development Plan approval until said portion has received formal preliminary site plan approval.

§ 808 Pinelands Area Application Requirements.

[Ord. No. 1992-1 § 2]

Applications for Minor Development. In addition to meeting the applicable requirements of §§ 803 through 807, any application for minor developments shall include at least the following information:

The applicant's name and address and his interest in the subject property.

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

The legal description, including block and lot designation and street address, if any, of the subject property.

A description of all existing uses of the subject property.

A brief written statement generally describing the proposed development.

A U.S.G.S. Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands Management Area designation and the zoning designation are shown.

A plat or plan 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 development. The following information shall be included with respect to the existing or proposed sanitary facilities:

On-site Treatment Facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and

Soil Borings and Percolation Tests: If on-site sewage disposal is proposed, results of soil borings and percolation 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, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet water quality standards contained in this ordinance.

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

A soils map including a County soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.

A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Commission pursuant to the Interim Rules and Regulations.

When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review pursuant to § 808.E hereinbelow.

In lieu of Subsection A.1 through A.12 above, the application requirements of § 808.H below shall apply to applications for the development of a single-family dwelling on an existing lot of record, home occupations, and certain applications for changes of nonresidential use to another nonresidential use meeting the requirements of § 808.H.

[Added 8-24-2010 by Ord. No. 2010-27]

Applications for Other Development.

All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in § 808.A and N.J.A.C. 7:50-4.2(b)5, as well as the following:

When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to § 808.E hereinbelow.

Any application for approval of forestry operations shall be subject to the requirements of § 602.E of this ordinance.

Any application for approval of resource extraction operations shall be subject to the requirements of § 602.N of this ordinance.

Public Development. All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.41 et seq. or as modified in this ordinance.

Notices to the Pinelands Commission.

[Amended 8-24-2010 by Ord. No. 2010-27; 10-16-2018 by Ord. No. 2018-21]

Application submission and modification. Written notification shall be given by the applicant, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the Township approval agency that the application has been modified. Said notice shall contain:

The name and address of the applicant.

The legal description and street address, if any, of the parcel that the applicant proposes to develop.

A brief description of the proposed development, including uses and intensity of uses proposed.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency.

The approval agency with which the application or change thereto was filed.

The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports.

The nature of the municipal approval or approvals being sought.

Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

The name and address of the applicant.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date, time and location of the meeting, hearing or other formal proceeding.

The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding.

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

The purpose for which the meeting, hearing or other formal proceeding is to be held.

Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Said notice shall contain the following information:

The name and address of the applicant.

The legal description and street address, if any, of the parcel that the applicant proposes to develop.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date on which the approval or denial was issued by the approval agency.

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

Any revisions to the application not previously submitted to the Commission.

A copy of the resolution, permit, or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.

Review by the Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval or denial pursuant to Subsection 808.D.3 hereinabove, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.27 through 4.33. 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 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. Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission. Except as provided in § 808.H, the requirements of this section shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record, home occupations, and certain applications for changes of a nonresidential use to another nonresidential use.

[Amended 8-24-2010 by Ord. No. 2010-27]

Condition on Prior Approvals by the Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development shall be obtained until one of the following is satisfied:

Notification is received from the Pinelands Commission that review of the Township's approval is not required; or

Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 4.33 and a final order regarding the approval is received by the Township from the Pinelands Commission.

Effect of Pinelands Commission's Decision on Township's Approval. If the Commission disapproves an application for development previously approved by a Township approving authority, such approval shall be revoked by the approving authority within 30 days of the Commission's action, and the authority shall thereafter deny approval of the application. If the Commission approves the decision of an approved authority subject to conditions, the 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 final approval only if the application for approval specifies that the conditions specified by the Commission have been met by the applicant. Except as provided in § 808.H, the requirements of this section shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record, home occupations, and certain applications for changes of a nonresidential use to another nonresidential use.

[Amended 8-24-2010 by Ord. No. 2010-27]

Procedures for applications for the development of certain single-family dwellings on an existing lot of record, home occupations, and certain changes of nonresidential use to another nonresidential use.

[Added 8-24-2010 by Ord. No. 2010-27]

The Zoning Officer is hereby authorized and directed to issue preliminary zoning permits as a prerequisite to the issuance of a construction permit or other permits or approvals which are needed to develop certain single-family dwellings on an existing lot of record, a home occupation, and certain changes of nonresidential use to another nonresidential use.

Applications for a Preliminary Zoning Permit.

Single-Family Dwelling. An application for a preliminary zoning permit for a single-family dwelling on an existing lot of record in the Pinelands Area shall be submitted to the Zoning Officer and shall include the following:

The applicant's name and address and his interest in the subject property;

The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate, and that duly authorized representatives of the Township of Medford and Pinelands Commission are authorized to inspect the property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The street address, if any, and the Tax Map sheet and block and lot number of the property;

Proof that taxes for the property have been paid;

(6)

Acreage of the property in square feet;

(7)

A dated plan, with the scale noted, showing:

(a)

The zoning district in which the property is located;

(b)

The location and dimensions of all property lines, easements affecting the property and streets abutting the property;

(c)

The location of all yards and setbacks required pursuant to § 400;

(d)

The location and use of all existing structures and improvements on the property and their intended disposition;

(e)

All proposed development;

(f)

The location and dimensions of any proposed accessory structures or improvements;

(g)

The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located; and

(h)

The location of any proposed water supply well.

(8)

If proposed, certification that public sanitary sewer and/or public water service are available; and

(9)

If development of the property is proposed in accordance with the Township's residential density transfer program standards of § 602.O, the street address, if any, the Tax Map sheet, block and lot number and acreage in square feet of the noncontiguous property.

Home Occupations. Provided a proposed home occupation is consistent with § 602.F, an application for a preliminary zoning permit for a home occupation in the Pinelands Area shall be submitted to the Zoning Officer. The application shall include the following:

The information requested in Subsection H.2.a(1)-(9) above; and

A written description of the proposed home occupation demonstrating consistency with § 602.F.

Change of a Nonresidential Use to Another Nonresidential Use. Provided a proposed change in use is consistent with § 802.B.2, the existing use and the proposed use are or will be served by public sanitary sewer, and neither the existing use nor the proposed use proposes any site improvements and/or building additions that result in land disturbance, an application for a preliminary zoning permit for a change of nonresidential use to another nonresidential use in the Pinelands Area shall be submitted to the Zoning Officer. The application shall include the following:

The information requested in Subsection H.2.a(1)-(8) above; and

A written description of the existing and proposed uses.

The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with the Land Development Ordinance. Such may include, but is not limited to, a soil boring in the area of any proposed septic system disposal field, a wetland and wetland buffer map, and information to determine compliance with any permitted or conditional use requirement of §§ 400 and 600.

The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with the Land Development Ordinance.

Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant of any additional information which is necessary to complete the application.

Permit Decisions. Within 14 days of determining an application to be complete, the Zoning Officer shall issue either a preliminary zoning permit or a refusal to issue a preliminary zoning permit.

Preliminary Zoning Permit.

A preliminary zoning permit shall be issued if:

The application is consistent with the requirements of the Land Development Ordinance or any necessary variance from those requirements has been obtained; and

No waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan is necessary or any such waiver has been approved by the Pinelands Commission; and

A duly authorized representative of the Pinelands Commission concurs with the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.

A preliminary zoning permit shall expressly incorporate the plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with the Land Development Ordinance and shall specify the expiration date of the permit.

The Zoning Officer shall provide copies of the application and the preliminary zoning permit to the Pinelands Commission within five days of the issuance of the permit.

Effect of Preliminary Zoning Permit.

A preliminary zoning permit represents a determination that the application meets the requirements of the Land Development Ordinance of the Township of Medford and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.

A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:

The approved application shall not be subject to any substantive revisions of the Land Development Ordinance of the Township of Medford or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.

Any subsequent approvals necessary for the development of the single-family dwelling on an existing lot of record, home occupation, and certain changes of nonresidential use to another nonresidential use may be sought without the need for a certificate of filing from the Pinelands Commission.

Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of § 808.D through 808.G.

Refusal to Issue Preliminary Zoning Permit.

The Zoning Officer shall issue a denial of a preliminary zoning permit if any of the following are found to apply:

A variance from the Land Development Ordinance of the Township of Medford is required;

A variance from the Land Development Ordinance of the Township of Medford is not required, but the Zoning Officer determines that the application does not meet a requirement(s) of the Land Development Ordinance that corresponds to a provision of the Pinelands Comprehensive Management Plan;

A waiver of strict compliance from a provision(s) of the Pinelands Comprehensive Management Plan is required; or