[1967 Code § 14A-1.1]
The purpose of this chapter shall be to provide rules, regulations and standards to guide the development of land and its use in the Borough of Pitman in order to promote the health, safety, convenience and general welfare of the residents.
[1967 Code § 14A-1.2]
The provisions of this chapter shall be administered by the Planning Board with the assistance of the Zoning Officer.
[1967 Code § 14A-1.3; amended 5-23-2022 by Ord. No. 5-2022]
Site plan review is required for any development of land and any change in use of any structure except single-family detached, semi-detached dwelling units and accessory buildings permitted by the zoning laws. The Planning/Zoning Board may waive site plan approval requirements if the construction, alteration or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting or other considerations of site plan review.
[1967 Code § 14A-2; Ord. No. 21-2012]
A potential applicant shall request an application from the Zoning Officer.
[1967 Code § 14A-2.1; Ord. No. 21-2012; 5-23-2022 by Ord. No. 5-2022]
Except as permitted by Subsections 34-2.3 and 34-2.4, any applicant desiring to obtain site plan approval shall file with the Zoning Officer seven copies of the required information, together with two copies of a completed application form and required fee at least 30 days prior to the Planning/Zoning Board meeting at which review is desired. The Zoning Officer shall transmit a copy of the plans to the Site Plan Review Committee of the Planning Board. Upon a determination by the Site Plan Review Committee that required information is shown on the plans, the applicant shall submit nine final revised copies to be distributed, as applicable to the:
[Ord. No. 21-2012; amended 5-23-2022 by Ord. No. 5-2022]
The Planning/Zoning Board may waive any of the requirements of full site plan review referred to in § 34-7 entitled "Required Plans and Information".
[Ord. No. 21-2012; amended 5-23-2022 by Ord. No. 5-2022]
a.
Application. Each owner/applicant of an existing commercial or industrial building shall file an application for Special Procedure, Site Plan Waiver Request, which must be approved by the Planning/Zoning Board. The Zoning Officer shall transmit a copy of the application and any additional information to the Site Plan Review Committee of the Planning/Zoning Bard. Upon a determination by the Site Plan Review Committee that required information is shown, the owner/applicant shall proceed to the Planning/Zoning Board for a determination.
b.
Waiver Process.
1.
In the event that the owner/applicant can demonstrate that the change in use has adequate facilities to the extent required by this chapter and Chapter 35, Zoning, and that there is no intended or required extension or enlargement of existing facilities, Planning/Zoning Board may waive site plan review.
[1967 Code § 14A-2.2; Ord. No. 21-2012]
a.
Time. At a public meeting of the Planning Board within 45 days of the properly submitted required information or within a mutually agreed upon time extension, the Planning Board shall approve, conditionally approve or disapprove the site plan. The reason for disapproval or the requirements of any conditional approval shall be set forth in the minutes of the Planning Board and the applicant shall be notified within 10 days of such action, in writing.
b.
Changes. If the Planning Board requires a substantial change in layout, the applicant shall submit an amended site plan. If, by motion of the Planning Board, a change or changes are considered minor in nature, approval may be given subject to the submission of an amended site plan. The action of the Planning Board shall be noted on the site plan.
[1967 Code § 14A-2.3; Ord. No. 21-2012]
a.
Reports on Effect upon Existing Borough Services. The Planning Board through the Zoning Officer, shall request a report by the Borough Engineer and such other Borough officers as may be necessary with respect to what effect, if any, the granting of approval of the site plan will have upon existing Borough services and facilities. The Borough officers shall report back to the Planning Board within 15 days.
b.
Additional Services or Facilities. Should additional Borough services or facilities be needed, the Planning Board shall advise the applicant the nature thereof. The Planning Board shall not issue final approval of the site plan until the applicant has entered into an agreement with the Borough regarding the development of such Borough services or facilities.
c.
Legal Documents. All contracts, deeds, easements, rights-of-way and other such legal documents relating to the project shall be executed prior to final site plan approval.
[Ord. No. 21-2012]
Any applicant whose site plan has been disapproved by the Planning Board shall have the right to appeal such action. A request for reconsideration shall be filed, in writing, with the Zoning Officer within 10 days of the receipt of notice of the action taken by the Planning Board. Within 20 days of the filing of such request, the applicant shall file with the Planning Board such additional data as necessary to meet the objections and/or deficiencies cited in the notice of disapproval. The Planning Board shall reconsider such application and take action within 60 days of the filing of the request.
[Ord. No. 21-2012]
The applicant, at his own expense, may retain the services of a certified court reporter to make a record of the proceeding, providing a duplicate of the record is supplied, at no cost, to the Planning Board.
[1967 Code § 14A-3.1; Ord. No. 07-3 § 2; Ord. No. 10-20]
c.
Sums in Escrow. All sums are to be held in escrow by the Borough. All sums not utilized in the review or inspection process shall be returned to the applicant. If additional sums shall be required, the applicant shall be notified by the Chief Financial Officer of the required additional amount and shall add such sum to the escrow. The Chief Financial Officer shall itemize any and all expenditures and costs and make full disclosure to the applicant. All costs shall be paid in full by the applicant before a building permit is issued.
[1967 Code § 14A-3.2; amended 6-10-2019 by Ord. No. 16-2019]
a.
In accordance with N.J.S.A. 40:55D-53.4, for the purpose of assuring the installation and maintenance of bondable land development improvements, as a conditioned of all final site plan, subdivision, and/or zoning permit approvals, the Board or Zoning Officer, as appropriate, shall require, and the Borough Council shall accept the following guarantees:
1.
Performance guarantees.
(a)
The furnishing of a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guarantee shall also cover the cost for privately owned perimeter buffer landscaping in an approved phase or section of a development, either as a separate guarantee or as a line item of the performance guarantee.
(b)
The cost of the improvements covered by the performance guarantee shall be determined by the Borough Engineer.
(c)
The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
2.
Maintenance guarantee.
(a)
In accordance with N.J.S.A. 40:55D-53.4a(2), developer shall post with the municipality a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined by the municipal engineer. Additionally, in accordance with N.J.S.A. 40:55D-53.4a(2) a maintenance guarantee is required for any items on the performance bond associated with improvements being dedicated to the municipality, if any, which cost shall be determined by the municipal engineer.
(b)
The maintenance guarantee shall be furnished upon the inspection and issuance of final approval of the applicable private site improvements by the municipal engineer.
(c)
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
3.
Temporary certificate of occupancy guarantee.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish a temporary certificate of occupancy guarantee ("TCOG") whenever the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development. The TCOG shall be furnished in favor of the municipality in an amount equal to 120% of the cost of installation of any improvements which 1) remain to be completed or installed under the terms of the temporary certificate of occupancy; 2) are required to be completed or installed as a condition precedent to the issuance of a permanent certification of occupancy; and 3) are not covered by an existing performance guarantee.
(b)
The scope and amount of the TCOG shall be determined by the Municipal Engineer.
(c)
The TCOG shall be released upon the issuance of a permanent certificate of occupancy as issued and determined by the Borough Engineer and Construction Code Official.
4.
Safety and stabilization guarantee.
(a)
Pursuant to N.J.S.A. 40:55D-53(1)(d), a developer shall furnish a safety and stabilization guarantee ("SSG") in favor of the municipality, either as a separate guarantee or as a line item of the performance guarantee.
(b)
The amount of the SSG for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of the SSG for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
(c)
The municipality shall release a separate SSG to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required pursuant to this chapter.
(d)
A SSG shall be available the municipality for the purpose of returning property that has been disturbed to a safe and stable condition, or taking other measures to protect the public from access to an unsafe or unstable condition. An SSG shall only be available to the municipality when:
(1)
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and
(2)
Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee. A municipality shall not provide notice of its intent to claim payment under a SSG until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. A municipality shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
b.
The municipality shall release a SSG upon the municipal engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
[Added 6-10-2019 by Ord. No. 16-2019]
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
[Added 6-10-2019 by Ord. No. 16-2019]
The performance, maintenance, TCOG and SSG guarantees must be reviewed by the Borough Solicitor to confirm that they are issued satisfactory as to form, sufficiency, and execution and they meet all statutory requirements. After review and approval of the Borough Solicitor all guarantees must be posted in original form with the Borough Clerk prior to the Planning Board Chair's and Secretary's signature of any site plan, subdivision plat or minor subdivision deed, and prior to issuance of any zoning, building or other permit or certificate.
[Added 6-10-2019 by Ord. No. 16-2019]
If the required improvements are not completed or corrected in accordance with the performance guarantee, the developer and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements. Such compilation or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.). Otherwise, the guarantees will be subject to reduction and release as provided in N.J.S.A. 40:55D-53.
[Added 6-10-2019 by Ord. No. 16-2019]
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer and appended to the performance guarantee pursuant to this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. Thereupon the municipal engineer shall inspect all bonded improvements covered by obligor's request that shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the municipal engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent or, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the municipal engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to this section.
[Added 6-10-2019 by Ord. No. 16-2019]
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee and the safety and stabilization bond relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to this section. This resolution shall be adopted not later 45 days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee and safety and stabilization bond, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization bond, the amount of the performance guarantee and safety and stabilization bond attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to § 34-3.2a1 of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization bond to ensure completion and acceptability of all improvements, as provided above, except that any amount of the performance guarantee even if such release would reduce the amount held by the municipality below 30%. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
[Added 6-10-2019 by Ord. No. 16-2019]
The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements: which fees shall not exceed the sum of the amounts set forth in Subsections a and b of this § 34-3.8. The developer shall post the inspection fees in escrow in an amount:
a.
Not to exceed 5% of the cost of bonded improvements that are subject to a performance guarantee under § 34-3.2; and
b.
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under § 34-3.2, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
c.
Installments. For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
d.
Request for additional deposit. If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to this subsection, is insufficient to cover the cost of additional funds in escrow, provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
[Added 6-10-2019 by Ord. No. 16-2019]
Any and all amendments made to N.J.S.A. 40:55D-53 et seq. that have not been codified in this section shall be deemed incorporated herein.
[Added 6-10-2019 by Ord. No. 16-2019]
The modifications in this section shall be applicable to all projects that have not yet received final approvals from the Borough Planning Board or the Borough Zoning Board of Adjustment and/or which have not posted bonds and begun construction of required improvements as of January 16, 2018, the date of enactment of P.L. 2017, c. 312, obviated the Borough's previously lawful ordinances.
[1967 Code § 14A-4.1; N.J.S.A. 40:55D-52]
The applicant shall be required to secure a building permit for the proposed construction within two years from the Planning Board's approval of the site plan. The proposed construction shall be completed within two years from the securing of a building permit unless good cause can be shown to extend the allowed time. Failure of the applicant to meet the above time constraints will nullify and void the Borough site plan approval for the premises as if no approval had ever been granted for the plans. Any construction or excavation undertaken or continued after the time limit shall be a violation of the chapter.
[1967 Code § 14A-4.2]
a.
Inspection; Approval by Construction Code Official or Borough Engineer. All site improvements associated with the project shall be subject to inspection and approval by the Construction Code Official and/or the Borough Engineer. The applicant shall notify the Construction Code Official at least 48 hours prior to the start of construction and shall not pour, cover, install or backfill any work until inspected and approved. Utilities work done by public utility companies is exempt from this provision.
b.
Issuance of Occupancy Permit. An occupancy permit shall not be issued until all the required improvements have been installed and approved and are functioning properly to the building or portion of a building for which an occupancy permit is sought under the provisions of this chapter nor shall any occupancy permit be issued if improvements associated with the project remain to be completed elsewhere, on or off the site.
[1967 Code § 14A-4.4]
A recycling area is the area for the collection of storage of source-separated recyclable materials.
There shall be included in any new multifamily housing development that requires site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable material as provided in Chapter 33, Land Subdivision.
[1967 Code § 14A-5.1]
The plan requirements of this section shall constitute the checklist required under N.J.S.A. 40:55D-10.3 for determining when the application is complete for the purposes of commencing the applicable time period for action by the Planning Board or Planning Board acting as the Zoning Board of Adjustment in accordance with the review procedure.
[1967 Code § 14A-5.2]
The site plan shall be drawn to a scale of not less than one inch equals 50 feet. The site plan shall consist of as many sheets as may be necessary to convey the required information. It may be useful to consider:
[1967 Code § 14A-5.3]
The site plan shall contain the following information:
a.
Map. A key map of the site with reference to the surrounding areas and existing street locations.
b.
Owners of Record Within Two hundred Feet. The name and address of the owner and site plan applicant together with the names of the owners and the lot and block numbers of all land within 200 feet of the site as shown by the most recent Borough tax records.
c.
Property Lines; Contiguous Lots. The bearings and distances of all property lines for the lot in question and any contiguous lots owned by the applicant or owner of record or in which they have direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is being sought.
d.
Distance to Intersecting Street. The distance to the nearest intersecting street as measured along the roadway center lines.
e.
Location of Fences; Walls; Other Installations. Location of all existing and proposed fences, walls, culverts, bridges, streets, entrances and exits and traffic control devices on the site and within 100 feet of the site.
f.
Location of Structures; Existing and Proposed. Location of all existing and proposed structures on the site and the outside dimensions and finish grade at all structure corners.
g.
Setbacks. Building setback, side and rear yard distances.
h.
Existing Physical Features. All existing physical features on site, including streams, watercourses, water tables, floodplains, existing trees greater than six inches in caliper measured six feet from the base and significant soil conditions, such as swamp or rock.
i.
Topographic Map. Topography showing existing and proposed contours at five foot intervals for slopes averaging 10% or greater and two foot intervals for land of lesser slope. A reference benchmark shall be clearly designated. Contours shall extend 60 feet beyond the property line.
j.
Parking; Unloading. Parking and unloading areas.
k.
Vehicular Traffic. Vehicular traffic, ingress, egress and internal circulation.
l.
Design Details for Improvements. Cross sections, design details and dimensions for improvements such as roads, curbs, bumpers and sidewalks.
m.
Existing and Proposed Utilities. Location and design of existing and proposed utilities, including:
n.
Landscaping. Landscaping and buffering plan showing what will remain and what will be planted, indicating names of all plants, trees and dimensions, in keeping with the soil erosion standards of the Soil Conservation Service.
o.
Lighting Details. Lighting details indicating type of standard, location, radius and pattern of light and intensity in footcandles.
p.
Signs. Location, dimensions and details of signs.
q.
Architectural Sketches. Architectural sketches of proposed buildings along with preliminary floor plans.
r.
Rights-of-Way; Easements. The location, size and nature of all existing and proposed rights-of-way, easements and other encumbrances which may affect the site in question; also the locations, size and description of any lands to be dedicated to the Borough.
s.
Improvement to Adjoining Streets. Show improvements to streets and roads and traffic control devices necessary in streets and highways. Provision shall be made for storm sewage inlets, catch basins and manholes, and they shall have the approval of the Borough Engineer as both for design and location. The discharge is subject to County approval.
t.
Zone District. The zone district in which the site is located and the zone district of the adjoining properties within 200 feet.
u.
Refuse and Recycling Containers. Location and screening of refuse containers, recycling containers and mechanical equipment areas.
v.
Fire Protection. Fire protection arrangements, including fire hydrants and water storage, delineation of fire areas, parking provisions and special traffic constraints.
w.
Legends to Be Located on Site Plan. The following legends shall be located on the site plan:
1.
To Be Signed Before Submission of Site Plan:
I consent to the filing of this site plan with the Planning Board of the Borough of Pitman. | |
Owner and Address | |
2.
To Be Placed on Site Plan Before Submission:
Site plan of | ||
Lot | Block | Zone |
Date | Scale | |
Applicant | ||
Address | ||
3.
To Be Signed Before Submission of Site Plan:
I hereby certify that I have prepared this site plan and that all dimensions and information are correct. | |
Name | |
Title and License No. | |
4.
To Be Signed Before Planning Board Approval Is Given:
I have reviewed this site plan and certify that it meets all codes and ordinances under my jurisdiction. | |
Date | Planning Board Engineer |
5.
To Be Signed Before Issuance of Building Permit:
Approved by the Planning Board of the Borough of Pitman. | |
Date | Chairman |
6.
To Be Signed Prior to Granting a Building Permit:
I hereby certify that all required improvements have been installed or that a performance bond has been posted in accordance with of the Borough ordinances. | |
Borough Clerk | |
7.
To Be Signed Prior to Issuance of Certificate of Occupancy:
I hereby certify that all the required improvements have been installed in compliance with all applicable codes and ordinances. | |
Date | Borough Engineer |
Date | Construction Official |
Occupancy permit issued | |
Date | |
[1967 Code § 14A-6.1]
The site plan submission will be evaluated by the Planning Board for conformance with "Guidelines for Site Plan Review" of current issue as of the application date. In addition, all applicable Federal, State and County codes and regulations are applicable except where the standards in this chapter are more stringent, in which case the latter will govern.
[1967 Code § 14A-3.3; New]
Any person violating any of the provisions of this chapter shall be liable, upon conviction, to the penalty sated in Chapter 1, § 1-5. Each and every violation of this chapter and each day that a violation of this chapter continues shall be deemed to be a separate and distinct violation hereof. In addition, the building permit or certificate of occupancy, whichever the case may be, will be revoked by the Borough.
[1967 Code § 14A-3.4]
Notwithstanding any penalties herein described which shall be imposed for the violation of any provision of this chapter, the Planning Board may take such other action or institute such proceedings in any court of competent jurisdiction, as shall be required to enforce the provisions of this chapter.