Borough of Pennington, NJ
Mercer County
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Table of Contents
Table of Contents
[Amended 1-2-1990 by Ord. No. 484; 5-2-2011 by Ord. No. 2011-6; 6-1-2016 by Ord. No. 2016-6]
Prior to the issuance of a building permit or certificate of occupancy for any development on a lot wholly or partly in the Borough, a site plan shall be reviewed by the Planning Board. No site plan review shall be required for:
A. 
A change in occupancy or use of any nonresidential structure where the Borough Zoning Officer has determined that the new use is permitted either by reason of Chapter 215, Zoning, or because of prior Planning Board acting as a Board of Adjustment approval, and will not intensify site traffic circulation, required parking or endanger the general health, safety and public welfare; or
[Amended 12-29-1999 by Ord. No. 99-16]
B. 
A rear addition of less than 150 square feet for a one-story addition or 300 square feet for a two-story addition to a commercial structure in a commercial zone, provided that no variances are required and there is no impact on site circulation.
C. 
Detached one- or two-dwelling unit buildings.
[Amended 12-29-1999 by Ord. No. 99-16]
The Planning Board acting as a Board of Adjustment may waive site plan approval requirements upon a finding by the Board that the appropriate proposed construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting or other considerations of site plan review.
[Amended 7-10-1989 by Ord. No. 471]
The proposed structure or development shall meet all requirements of all applicable codes, ordinances and specifications of the municipality, county, state or federal governments or other agencies with jurisdiction over matters pertaining to site development, except as noted elsewhere in this chapter. All applicants for approvals required by § 163-4 above or applicants for waiver of site plan as provided for in § 163-5 above shall, upon approval, be required to comply with the provisions of § 209-5 of Chapter 209, Water Conservation, which provides that all construction within the borough, including both new construction and repairs and renovations, shall employ the latest up-to-date water-saving devices currently being sold in the Borough Clerk's office or their equivalent, specifically aerators, shower heads and toilet dams.
A. 
The Planning Board, when reviewing applications for site plans, shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment variances from lot area, lot dimensions, setback and yard requirements, provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot. Said variances may be granted when the Board finds that by reason of exceptional topographic conditions, or by reason of other extraordinary and exceptional situation or condition of such piece of property the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property. The variance granted from such strict application of such regulation shall relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a district restricted against such structure or use.
B. 
Public notice shall be required for all site plans which include, as part of their application, requests for variances under this section. Such public notice shall be provided by the applicant in accordance with the provisions of N.J.S.A. 40:55D-11 and 40:55D-12.
A. 
Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant, except that if the application for site plan approval also involves an application for a relief pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant in writing.
B. 
Upon the submission of a complete application for a site plan of more than 10 acres, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the applicant in writing.
C. 
Upon the submission to the Secretary of the Board of Adjustment of a complete application for site plan approval pursuant to N.J.S.A. 40:55D-76b, the Board of Adjustment shall grant or deny approval of the application within 120 days of the date of such submission or within such further time as may be consented to by the applicant in writing.
D. 
Failure of the approving authority to reach a decision within the specified time periods or extensions thereof as stipulated in a written agreement and between the reviewing Board and the applicant shall result in the approval of the site plan as submitted.