[1967 Code § 13A-1]
This chapter shall be known and may be cited as the Land Use Procedures Regulations of the Borough of Pitman.
[1967 Code § 13A-2.1; Ord. No. 1-2005 § 13A-2.1]
There is hereby organized in the Borough, pursuant to N.J.S.A. 40:55D, a Planning Board of nine members, consisting of the following four classes:
a.
Class I. The Mayor.
b.
Class 2. One of the officials of the Borough other than a member of the Borough Council to be appointed by the Mayor; provided that, if there is an Environmental Commission in the Borough, the member of the Environmental Commission who is also a member of the Planning Board as may be required by N.J.S.A. 40:56A- l shall be deemed to be a Class 2 Planning Board member if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among Class 4 members.
c.
Class 3. A member of the Borough Council to be appointed by it.
d.
Class 4. Six other citizens of the Borough to be appointed by the Mayor. The members of Class 4 shall hold no other Borough office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of an environmental commission, who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1, shall be a Class 4 Planning Board member unless there be among the Class 4 members of the Planning Board, both a member of the Zoning Board of Adjustment and a member of the Board of Education; in which case the member of the Environmental Commission shall be deemed to be the Class 2 member of the Planning Board.
e.
Alternate Members: Four alternate members shall be appointed to the Planning Board by the Mayor and shall meet the qualifications of Class 4 members. Alternate members shall be designated at the time of appointment by the Mayor as alternate #1, alternate #2, alternate #3 and alternate #4. No alternate member shall be permitted to act on any matter on which he has either directly or indirectly any personal or financial interest.
[1967 Code § 13A-2.2; Ord. No. 1-2005 § 13A-2.2]
The term of the Mayor shall correspond with the Mayor's official tenure of office. The terms of the members comprising Class 2 and Class 3 shall be for one year or terminate at the completion of their respective terms of office, whichever shall occur first, except for a Class 2 member who is also a member of the Environmental Commission, if any. The term of a Class 2 or Class 4 member who is also a member of the Environmental Commission, if any, shall be for three years or terminate at the completion of his term of office a member of the Environmental Commission, whichever shall occur first. The term of a Class 4 member who is also a member of the Zoning Board of Adjustment or the Board of Education, shall terminate whenever he is no longer a member of such other body or at the completion of his Class 4 term, whichever occurs first.
The terms of all Class 4 members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four years after their appointment as determined by resolution of the Mayor and Council, provided, however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter, all Class 4 members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the terms of no more than two alternate members shall expire in any one year; provided, however, that in no instance shall the terms of the alternate member's first appointed exceed two years. A vacancy occurring otherwise than by expiration of the term shall be filled by the Mayor by the unexpired term only.
[1967 Code § 13A-2.3]
In the event of the occurrence of any vacancy of any class other than by expiration of term, it shall be filled by appointment as provided by law for the unexpired term. All appointments shall be made in accordance with the provisions for the classification of the vacancy.
[1967 Code § 13A-2.4]
The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class 4 and select a Secretary, who may or may not be either a member of the Planning Board or a municipal employee.
[1967 Code § 13A-2.5; Ord. No. 1-2005 § 13A-2.5]
The Planning Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Planning Board Attorney, who shall be an attorney other than the Borough Attorney.
[1967 Code § 13A-2.6]
The Planning Board may also employ or contract for the services of experts and other staff and services as may be deemed necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for its use.
The Board shall have the following powers and duties:
a.
To adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter.
b.
In the issuance of subpoenas, the administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.
c.
To make and adopt and review, at least every six years, a Master Plan for the physical development of the Borough, including any areas outside its boundaries which, in the Planning Board's judgment, bear essential relation to the planning of the Borough in accordance with the provisions of N.J.S.A. 40:55D-28 and N.J.S.A. 40:55D-89.
d.
To administer the provisions of the Land Subdivision Chapter and Site Plan Review Chapter of the Borough in accordance with the provisions of the Code of the Borough of Pitman and N.J.S.A. 40:55D-37 through 40:55D-58.
e.
To approve conditional use applications in accordance with the provisions of the Zoning Chapter pursuant to N.J.S.A. 40:55D-67.
f.
To participate in the preparation and review of programs for plans required by State or Federal law or regulations.
g.
To assemble data on a continuing basis as part of a continuing planning process which may be in the best interests of the Borough.
h.
To annually prepare a program of Borough capital improvement projects projected over a term of six years, and amendments thereto, to hold public hearings upon the same and to recommend such program to the Borough Council pursuant to N.J.S.A. 40:55D-29 through N.J.S.A. 40:55D-31.
i.
To consider and make reports to the Borough Council within 35 days after referral as to any proposed development regulation submitted pursuant to the provisions of N.J.S.A. 40:55D-26a and also pass upon other matters specifically referred to the Planning Board by the Borough Council pursuant to the provisions of N.J.S.A. 40:55D-26b.
j.
Whenever the proposed development requires approval of a subdivision, site plan or conditional use but not a variance pursuant to N.J.S.A. 40:55D-70d, the Planning Board shall have the power to grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
1.
Variances pursuant to N.J.S.A. 40:55D-70c.
2.
Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or structure not related to a street.
Whenever relief is requested pursuant to this section, the notice of hearing on the application for development shall include the reference to the request for a variance or direction for issuance of a permit, as the case may be. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall not be conditioned upon grant of all required subsequent approvals by the Planning Board. |
No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance. |
k.
The Planning Board shall perform such other advisory duties as are assigned to it by ordinance or resolution of the Borough for the aid and assistance of the Borough Council or other agencies or officers.
l.
The Planning Board shall exercise to the same extent and subject to the same restrictions, all powers of a Zoning Board of Adjustment; but the Class I and the Class III Members shall not participate in the consideration of an application for development which involve relief pursuant to subsection d of Section 57 of P.L. 1975,c.291 (N.J.S.A. 40:55D-70).
[1967 Code § 13A-2.8]
The Planning Board shall act within the time limitations as provided in N.J.S.A. 40:55D-46 through 40:55D-51 — N.J.S.A. 40:55D-61 and 40:55D-67.
[1967 Code § 13A-2.9]
Applicants shall be responsible for the recording of final minor and major subdivision approvals in the form and within the time limitations as provided in N.J.S.A. 40:55D-47 and N.J.S.A. 40:55D-54.
See related sections in the subdivision and site plan review chapters.
[1967 Code § 13A-2.11]
Whenever an Environmental Commission, if any, has prepared and submitted to the Planning Board an index of the natural resources of the Borough, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development to the Planning Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or procedures.
[Ord. No. 1-2005 § 13A-3.6; N.J.S.A. 40:55D-25; New]
a.
Planning Board to Exercise All Powers of the Zoning Board of Adjustment. Pursuant to N.J.S.A. 40:55D-25(c), the Planning Board is hereinafter empowered to exercise all the powers and authority of a Board of Adjustment as set forth in the Municipal Land Use Law; but the Class I and Class III members shall not participate in the consideration of applications for development which involve relief pursuant to N.J.S.A. 40:55D-70(d).
b.
Abolishment of Zoning Board of Adjustment. Pursuant to N.J.S.A. 40:55D-69, the Ordinance previously adopted establishing the Zoning Board of Adjustment is repealed, and the Zoning Board of Adjustment is hereby abolished.
[1967 Code §§ 13A-3.5, 13A-3.6; Ord. No. 1-2005 § 13A-3.6; New]
a.
Rules and Regulations. The Planning Board acting as the Zoning Board of Adjustment shall adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths, and the taking of testimony, the provisions of the County and Municipal Investigations Law of 1953, N.J.S.A. 2A:67A-1 et seq., shall apply.
b.
Powers of the Planning Board Acting as the Zoning Board of Adjustment.
1.
Statutory Powers. The powers of the Planning Board acting as the Zoning Board of Adjustment shall be in accordance with N.J.S.A. 40:55D-70 et seq., and amendments and supplements thereto, and with the provisions of the Code of the Borough of Pitman.
2.
Intent. It is further the intent of this chapter to confer upon the Zoning Board of Adjustment as full and complete powers as may be lawfully conferred upon such Board, including, not by way of limitation, the authority, in connection with any case, action or proceeding before the Board, to interpret and construe the provisions of the Code of the Borough of Pitman, or any term, clause, sentence or word hereof, and the zoning map, in accordance with the general rules of construction applicable to legislative enactments.
3.
Variances. The Planning Board acting as the Zoning Board of Adjustment may, in appropriate cases, and subject to appropriate conditions and safeguards, grant variances from the terms of the Code of the Borough of Pitman in accordance with the general or specific rules contained herein and with the general rules hereby laid down that equity shall be done in cases where the strict construction of the provisions of this chapter would work undue hardship. The powers and duties of the Board having been delegated to, and imposed upon it, by statute, the Board shall in all cases follow the provisions applicable to it in N.J.S.A. 40:55D-1 et seq. or subsequent statutes of amendment, in such case made and provided; and it shall from time to time furnish to any person requesting the same a copy of its rules and information as to how appeals or applications may properly be filed with the Board for its decision thereon.
A copy of the applicable chapters of this Code and the applications prepared by this Board shall be deemed sufficient to satisfy the requirements of this subsection.
[1967 Code § 13A-3.7; Ord. No. 1-2005 § 13A-3.7]
a.
Appeals. Appeals to the Planning Board acting as the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Borough based on or made in the enforcement of the zoning chapter or the official map. Each appeal shall be taken within 20 days, prescribed by the statute, by filing a notice of appeal with the officer from whom the appeal was taken, together with the number of copies of such notice as shall be required by the secretary of the Planning Board acting as the Zoning Board of Adjustment. Such notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the Planning Board acting as the Zoning Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
b.
Forms. All appeals and applications shall be on forms provided by the Planning Board.
[1967 Code § 13A-3.8; Ord. No. 1-2005 § 13A-3.8]
In exercising the above mentioned power, the Planning Board acting as the Zoning Board of Adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-74, reverse wholly or partly or may modify the order, requirement, decision, or determination appealed from, and make such other changes as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
[1967 Code § 13A-3.9; Ord. No. 1-2005 § 13A-3.9]
Any variance from the terms of this chapter hereafter granted by the Planning Board acting as the Zoning Board of Adjustment permitting the erection or alteration of any structure or structures, or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by such variance, or unless such permitted use has actually been commenced, within three years from the date of publication of the notice of the judgment or determination of the Planning Board acting as the Zoning Board of Adjustment; except however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Planning Board acting as the Zoning Board of Adjustment to the Borough Council, or to any court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
[1967 Code § 13A-3.10; Ord. No. 1-2005 § 13A-3.10; N.J.S.A. 40:55D-70]
The Planning Board acting as the Zoning Board of Adjustment shall have such powers as are granted by law to perform the following functions:
a.
Appeals. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning chapter.
b.
Interpretation of the Map or Zoning Chapter. To hear and decide requests for interpretation of the map or zoning chapter, or for decisions upon other special questions upon which such Board is authorized by the zoning chapter to pass.
c.
Variance for Exceptional Situations.
1.
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation in the zoning ordinance or Article 8 of the Municipal Land Use Law would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; or
2.
No approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning ordinance.
The number of votes of Board members required to grant any approval shall be as otherwise provided in this chapter and the Municipal Land Use Law. Whenever an application for development requests relief pursuant to this subsection, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer of within such further time as may be consented to by the applicant. |
When review or approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time. |
d.
Use Variance. In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to the zoning ordinance and Article 8 of the Municipal Land Use Law to:
1.
Permit a use or principal structure in a district restricted against such use or principal structure.
2.
An expansion of a nonconforming use.
3.
Deviation from a specification or standard pursuant to N.J.S.A. 40:55-67 pertaining solely to a conditional use.
4.
An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4.
5.
An increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two- dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.
A variance under this subsection shall be granted only by affirmative vote of at least five members, however, Class I and Class III members shall not participate in the consideration of applications for development under this subsection. |
e.
Detrimental Impact. No variance or other relief may be granted under the terms of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.
In respect of any airport hazard areas delineated under the "Air Safety and Hazardous Act of 1983," N.J.S.A. 6:1-80 et seq., no variance or other relief may be granted under the terms of this subsection permitting the creation or establishment of a nonconforming use which would be prohibited under the standards promulgated pursuant to that Act, except upon issuance of a permit by the Commissioner of Transportation. |
An application under this subsection may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Planning Board acting as the Zoning Board of Adjustment shall act. |
For purposes of this chapter, six votes shall constitute two-thirds. This subsection shall not be interpreted to mean 2/3 of those present at the meeting in which such action shall be taken. |
[1967 Code § 13A-3.11; Ord. No. 1-2005 § 13A-3.11]
The Planning Board acting as the Zoning Board of Adjustment shall, in addition to the powers specified in subsection 32-3.6 of this chapter, have such additional power given by law to:
a.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the official map.
b.
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
c.
The Planning Board acting as the Zoning Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 et seq., or conditional use approval pursuant to N.J.S.A. 40:55D-67, whenever the proposed development requires approval by the Planning Board acting as the Zoning Board of Adjustment of a variance pursuant to subsection 32-3.6d of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the granting of all required subsequent approvals by the Planning Board acting as the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning ordinance.
The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter and the Municipal Land Use Law for the approval in question and the special vote pursuant to subsection 32-3.6d shall not be required. Whenever an application for development requests relief pursuant to this subsection, the Planning Board acting as the Zoning Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant. In the event the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
Whenever review or approval of the application by the County Planning Board is required, the Planning Board acting as the Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.
[1967 Code § 13A-3.12]
The Planning Board acting as the Zoning Board of Adjustment shall act within the 120 day-time limitations provided in N.J.S.A. 40:55D-73 and 76c.
[1967 Code § 13A-4.1]
No member of the Planning Board or the Planning Board acting as the Zoning Board of Adjustment shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any such person shall disqualify himself from acting on a particular matter, that member shall not continue to sit with the Board on the hearing on such matter nor participate in any discussion or decision relating thereto.
[1967 Code § 13A-4.2; Ord. No. 1-2005 § 13A-4.2]
a.
Scheduled Meetings. Meetings of both the Planning Board and the Planning Board acting as the Zoning Board of Adjustment shall be scheduled no less than once per month and any meeting so scheduled shall be held as scheduled unless cancelled for lack of applications for development to process.
b.
Special Meetings. Special meetings may be called for in the discretion of the chairman or upon the written request of any two Board members, which written requests shall be submitted to the chairman. Such meeting shall be held on notice to its members and to the public in accordance with all applicable legal requirements.
c.
Quorum Required. No action shall be taken at any meeting without a quorum being present.
d.
Majority Vote. All actions shall be taken by majority vote of a quorum except as otherwise may be required by any provisions of N.J.S.A. 40:55D-1 et seq.
e.
Open to the Public. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirement of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
[1967 Code § 13A-4.3; Ord. No. 1-2005§ 13A-4.3]
Minutes of every regular or special meeting of both the Planning Board and the Planning Board acting as the Zoning Board of Adjustment shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Any interested party may be charged a fee for reproduction of the minutes for his use, as provided for in the rules of the Board, as may be amended from time to time.
[1967 Code § 13A-4.4; Ord. No. 1-2005; Ord. No. 10-16]
a.
Fees. Fees for applications or for the rendering of any service by the Planning Board or the Planning Board acting as the Zoning Board of Adjustment or any member of their administrative staffs which are not otherwise provided shall be charged in accordance with the existing ordinances of the Borough. Such fee schedule shall be made available to the public upon request.
b.
Taxes and assessments for Local Improvements. No application shall be accepted, considered complete or approved until the applicant provides proof that no taxes or assessments for local improvements are due or delinquent on the property for which any subdivision, site plan, conditional use, variance or planning development application is made.
c.
Escrow Agreement. No application shall be accepted, considered complete or approved until the applicant executes and submits with its application an Escrow Agreement. (The Escrow Agreement may be found in the Office of the Clerk.)
[1967 Code § 13A-4.5; Ord. No. 1-2005 § 13A-4.5]
An application for development shall be deemed complete for purposes of commencing the applicable time period for action by the Planning Board or the Planning Board acting as the Zoning Board of Adjustment when so certified by the Board or its authorized committee or designee. In the event that the Board, its committee or designee does not certify the application to be completed within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period, unless:
a.
The application lacks information indicated on a check list adopted by ordinance and provided to the applicant.
b.
The Board, its committee or designee has notified the applicant, in writing, of deficiencies in the application within 45 days of the submission of the application.
The applicant may request that one or more of the submission requirements be waived, in which event the Board or its authorized committee or designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error and submission of the additional information not specified in the ordinance or any revision in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by either the Planning Board or the Planning Board acting as the Zoning Board of Adjustment, as the case may be. |
[1967 Code § 13A-4.6; Ord. No. 1-2005 § 13A-4.6]
a.
Rules. The Planning Board and Planning Board acting as the Zoning Board of Adjustment shall make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.
b.
Oaths; Subpoenas for Witnesses. The office presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties. This subsection shall be limited by N.J.S.A. 2A:67A-1 et seq.
c.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer or person designated by the presiding officer and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented. This provision, however, shall be subject to the discretion of the presiding officer and to the reasonable limitations as to the time and number of witnesses.
d.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence. Questions of evidence shall be referred to the Board Attorney for consideration and recommendation to the Board.
[1967 Code § 13A-4.7; Ord. No. 1-2005 § 13A-4.7]
Public notice of a hearing shall be given by the applicant for the following applications for development: any request for a variance; any request for conditional use approval; any request for issuance of a permit to build within the bed of a mapped street or public drainageway or on a lot not abutting a street; any request for subdivision approval involving one or more of the aforesaid elements; any request for site plan approval; and any request for preliminary approval of a major subdivision. The applicant shall give notice thereof as follows:
a.
Public Notice in Newspaper. Public notice shall be given by publication in the official newspaper of the Borough at least 10 days prior to the date of the hearing.
b.
Owners of Adjacent Property. Notice shall be given to the owners of all real property as shown on the current Tax Duplicate or duplicates located within 200 feet in all directions of the subject property, whether located within or without the municipality. Such notice shall be given by:
1.
Serving a copy thereof on the owner as shown on the current Tax Duplicate or his agent in charge of the property; or
2.
Mailing a copy thereof, by certified mail, to the property owner at his address as shown on the current Tax Duplicate. Return receipt is not required.
3.
Notice to a partnership owner may be made by service upon any partner.
4.
Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of such corporation.
c.
Adjoining Municipality. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Municipal Clerk of such adjoining municipality, which notice shall be in addition to the notice required to be given under N.J.S.A. 40:55D-12 to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
d.
County Planning Board. Notice shall be given, by personal service or certified mail, to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed roads shown on the Official County Map or on the County Master Plan, adjoining other County land or situate within 200 feet of a municipal boundary.
e.
Commissioner of Transportation. Notice shall be given, by personal service or by certified mail, to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a New Jersey State highway.
f.
Director of Division of State and Regional Planning. Notice shall be given, by personal service or certified mail, to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or document required to be on file with the Borough Clerk, pursuant to N.J.S.A. 40:55D-10b.
g.
Proof of Service. All notices hereinabove specified in this subsection shall be given at least 10 days prior to the date fixed for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development. Such affidavit shall be filed on a form prescribed by the Planning Board acting as the Board of Adjustment or the Planning Board.
h.
Completion by Certified Mail. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
i.
Form of Notice. All notices required to be given pursuant to the terms of this chapter shall state:
1.
The date, time and place of the hearing.
2.
The nature of the matters to be considered.
3.
The identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current Tax Duplicate in the Borough Tax Assessor's office.
4.
The location and times at which any map, maps or documents for which approved is sought are available, as required by law.
[1967 Code § 13A:4.8; N.J.S.A. 40:55D-12]
Pursuant to the provisions of N.J.S.A. 40:55D-12C, the Zoning Officer of the Borough shall, within seven days after receipt of a request therefor and upon receipt of a fee not to exceed twenty-five ($.25) cents per name or $10, whichever is greater, make and certify a list from the current Tax Duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection 32-4.7.
[1967 Code § 13A-4.9; Ord. No. 1-2005 § 13A-4.9]
a.
Written as Board Resolution. The Planning Board and Planning Board acting as the Zoning Board of Adjustment shall include findings of facts and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The Board shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided for the act or action by the Board on the application for development; or
2.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution.
NOTE: An action pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by N.J.S.A. 40:55D-10. |
b.
Copies of the Decision; Mailed; Recorded. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented by an attorney, then to the attorney of record, without separate charge. A copy of the decision shall also be mailed to all persons who shall have requested such decision and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Borough Clerk, who shall make a copy of such filed decisions available to any interested party upon payment of the prescribed fee.
[1967 Code § 13A-4.10; Ord. No. 1-2005 § 13A-4.10]
A brief notice of every final decision shall be published in the official newspaper of the Borough. Said publication shall be arranged by the Secretary of the Planning Board or the Planning Board acting as the Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Such notice shall be sent to the official newspaper for publication within 10 days from the date of any such decision.
[1967 Code § 13A-4.11; Ord. No. 1-2005 § 13A-4.11]
No Planning Board application for subdivision, site plan review, variance or any other application which may be presented to the Planning Board shall be considered unless there shall first have been submitted proof of payment of all current municipal taxes and water and sewer charges for the lands and premises involved in said application.
No application shall be considered by the Planning Board acting as the Zoning Board of Adjustment for any variance or other relief which may be sought, including any use or any other power under N.J.S.A. 40:55D-70 et seq., unless there shall have been provided first proof of the payment of all current taxes and water and sewer charges for the lands and premises involved in said application.
[Ord. No. 10-16]
a.
Whenever a review fee is required, the applicant shall deposit a sum of money to be determined by the Planning and Zoning Board's Engineer to pay the fees of any professional or technical personnel retained or employed by the Borough's Planning and Zoning Board to assist in processing, reviewing and making recommendations concerning the subject application which shall include, but not necessarily be limited to, the Solicitor to the Board or agency, the Engineer for the Board or agency, the Land Planner for the Board or agency, the Borough's Solicitor as may be required to act pursuant to ordinance, and such other personnel which may be necessary to be consulted in the event an application shall require special consideration and/or review.
b.
No Planning Board or Zoning Board application shall be considered, or deemed complete, until the applicant has submitted proof of payment of the review fee (escrow) deposit.
c.
If at any time the escrow fund is found to be insufficient to cover all reasonable fees for the required professional services, the applicant shall be notified, in writing, with an accounting of the fees, and the applicant shall within 20 days increase the fund as shall be determined by the reviewing Board. In the event the applicant shall fail to deposit the required fees, the reviewing Board shall be entitled to declare the application incomplete.
d.
In addition to the other remedies provided to the Boards set forth herein, the applicant shall indemnify and reimburse the Borough of Pitman for all reasonable attorney's fees and costs relating to the collection of any delinquent or deficient escrow balance. All escrow balances shall be considered deficient if they are not paid in full within 20 days of notification from the Secretary of the Board.
[1967 Code § 13A-6.1]
Whenever a term shall be used in this chapter which is defined by N.J.S.A. - 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in such statute, unless a contrary intention is clearly expressed in the contents of this chapter.
[1967 Code § 13A-6.3]
This chapter shall take effect on January 1, 1977.
[1967 Code § 13A-6.4]
Immediately upon adoption of this chapter, the Borough Clerk shall file a copy of this chapter with the County Planning Board of the County of Gloucester as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the Borough relating to land use, such as the subdivision, zoning and site plan review ordinances.
[1967 Code § 13A-7.1]
When the requirement of providing an environmental impact statement for any application for development approval is determined by the Planning Board and/or the Planning Board acting as the Zoning Board of Adjustment, in consultation with the Environmental Commission, such environmental impact statement shall be prepared by the applicant, at the applicant's expense, in accordance with the format set forth below, and shall contain the information needed to evaluate the effects of a proposed project upon the environment, including, but not limited to, the following:
a.
Project Description. A project description which shall specify what is to be done and how it is to be done, during construction and in operation, as well as a description of alternative plans deemed practicable to achieve the objective.
b.
Inventory of Conditions and Considerations. An inventory of existing environmental conditions at the project site and in the surrounding region, including such information as determined by the Planning Board to review the project, such as air quality, hydrology, water quality, water supply, geology, soils and properties thereof, and including capabilities and limitations, drainage runoff characteristics, sewerage systems, topography, slope, vegetation, wildlife, aquatic organisms, vehicular traffic, noise characteristics and levels, demography, land use, aesthetics, history and archaeology.
1.
Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey.
2.
Soils shall be described with reference to criteria contained in the Gloucester County Soil Conservation District Standards and Specifications.
c.
List of Permits. A list of all licenses, permits and other approvals required by Borough, County, State or Federal law, for commencement of and completion of the project, and the status of all applications for same.
d.
Statement of Probable Impact. An assessment of the probable impact of the project upon each of the conditions set forth in paragraph b above.
e.
List of Adverse Unavoidable Impact. A listing and evaluation of adverse environmental impacts which cannot be avoided both on site and off site, with particular emphasis on air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, increase in sedimentation and siltation, increase in Borough services and the consequences to the Borough tax structure. Adverse environmental impacts off site shall be included and evaluated.
f.
Description of Compensatory Measures. A description of steps which will be taken to minimize adverse environmental impacts during construction and during operation, both at the project site and in the surrounding region. Such description shall be accompanied by necessary maps and such schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
g.
Irreversible Damage. A statement as to any irreversible damage and as to any irreversible and irretrievable commitment of resources which would be involved in the event the project should be undertaken, completed and put into operation.
h.
List of Alternatives. A list of alternatives to the proposed project which might avoid some or all of the adverse environmental impacts of the proposed project; such list shall include a no-action alternative. A statement of the reasons for the acceptability or non-acceptability of each alternative shall be included.
[1967 Code § 13A-7.2]
a.
Submission to Environmental Commission. The Planning Board shall submit the Environmental Impact statement for review and comment to the environmental commission and to such consultants and other governmental bodies as it may deem appropriate. In the event that a professional consultant is necessary to review the environmental impact statement, upon notice to the applicant, the Planning Board may hire a consultant, the cost of whom shall be paid by the applicant.
b.
Consideration for Review. In reviewing the application for the proposed project, the Planning Board shall take into consideration the effect of the project upon all aspects of the environment, as outlined herein, as well as the efficiency of the applicant's proposal for dealing with any immediate or projected adverse environmental effect based upon whether the project will result in appreciable harm to the natural environment; whether or not the project has been designed with a view toward the protection of natural resources; and whether or not the project will place an excessive demand upon the total resources available for such proposals and for any future proposals.
[Ord. No. 10-7 § 1]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Pitman so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 10-7 § 2]
For the purpose of this section:
Shall mean a conveyance or system of conveyance (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Pitman or other public body, and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 10-7 § 3]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
[Ord. No. 10-7 § 4]
Storm drain inlets identified in this section shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this section, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph c below.
a.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2.
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curbing-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 10-7 § 5]
This section shall be enforced by the Zoning Official and/or the Police Department of the Borough of Pitman.