The purpose of this article is to provide procedures for the
review and approval of applications for subdivisions, site plans,
conditional uses, and general development plans in the Borough of
Clayton.
A.
Subdivision review. All subdivisions, as defined under Article II of this chapter, are subject to the review procedures specified herein.
B.
Site plan review. Site plan review and approval shall be required
before any development or change of use, or before any excavation,
removal of soil, clearing of a site, or placing of fill on lands or
before any change to an existing driveway or to the arrangement of
existing parking spaces, and, except as otherwise provided, no building
permit shall be issued for any building use or reduction, or enlargement
in size or other alteration of any building or change in the use of
a building, including accessory structures, unless a site plan is
first submitted and approved by the Planning Board, and no certificate
of occupancy shall be given unless all construction and development
conform to the plans as approved by the reviewing Board, except for
the following:
(1)
A construction permit for a single-family detached dwelling unit
or a two-family dwelling unit and/or its accessory building(s).
(2)
Any construction permit for the customary buildings incidental to
farms.
(3)
Any change of use from one permitted nonresidential use to another
permitted nonresidential use, if both the Construction Official and
the Zoning Officer stipulate to the Planning Board that the existing
site development meets the requirements of this chapter for the new
use, including on-site parking requirements.
(4)
The filling of any land involving an area of less than 2,000 square
feet.
(5)
A sign for an existing use or structure for which all applicable
zoning requirements as determined by the Construction Official or
designated official have been met.
C.
Conditional use review. Before a construction permit or certificate
of occupancy shall be issued for any conditional use as permitted
by this chapter, application shall be made to the Planning Board.
The review by the Planning Board of a conditional use shall include
any required site plan review pursuant to this chapter. Public notice
and a hearing shall be required as stipulated by this chapter.
A.
Applicability. Nothing in this section shall be considered mandatory,
but the procedures provided for herein are recommended for the purpose
of expediting the review process and reducing development costs.
B.
Pre-application conference.
(1)
Any developer may meet with the Administrative Officer or his/her
designee without the payment of any fees and without obligation.
(2)
A pre-application conference may be used to provide the developer
with an overview of the substantive and procedural aspects of the
development review process, to provide insight as to the acceptability
of the proposed plan, and to offer suggestions for the improvement
of said plan.
(3)
The developer may be required to secure an appointment with the Administrative
Officer in advance of the pre-application conference and to submit
a sketch plan of the proposed application. The conference shall be
held within 14 days of requesting an appointment unless the Administrative
Officer is unavailable because of illness, vacation, or similar reason.
(4)
For the purpose of the pre-application conference only, the sketch
plan need not be drawn to scale nor be prepared by a licensed engineer,
surveyor, architect, landscape architect, or planner but shall contain
sufficient information from a tax map or other source to enable the
Administrative Officer to determine the suitability of the proposal
in relation to the standards of this chapter.
(5)
The pre-application conference is a good-faith meeting between the
developer and the Administrative Officer. Nothing discussed at the
conference shall be binding upon either party or upon the Planning
Board.
C.
Concept plan review.
(1)
An applicant for site plan or subdivision or an applicant having
a particular question which cannot be resolved at a pre-application
conference may request an informal concept plan review before the
Planning Board.
(2)
Standards for the concept plan.
(a)
The concept plan shall contain sufficient detail to enable the
Planning Board to determine compliance with this chapter, including
the area of all proposed lots and buildings and any dimensions necessary
to determine zoning compliance.
(b)
Roadway and street widths shall be noted but fully engineered
plans for streets, drainage, and other utility or infrastructure systems
shall not be required.
(c)
The required number of concept plans to be submitted by the
applicant shall be determined by the Administrative Officer, but in
no case shall be fewer than 15 plans.
(3)
The applicant shall be required to submit application fees for an
informal concept review before the Planning Board; however, the applicant
shall only be required to post escrow fees for the review services
of the Borough's professional consultants if such review is so requested
by the applicant. At the conclusion of the concept review process,
any unexpended escrow fees will be returned.
(4)
An applicant desiring to have a concept plan informally reviewed
by the Planning Board shall file an application with the Secretary
of the Planning Board at least 14 days prior to the next regularly
scheduled meeting of the Planning Board. The Secretary of the Planning
Board shall thereafter notify the applicant of the time and place
which has been scheduled by the Planning Board for the informal review.
(5)
Nothing in the concept review process shall be binding upon either
the applicant or the Planning Board.
A.
All formal applications for approval, including minor subdivisions and site plans, preliminary or final major subdivisions and site plans, conditional uses, and conceptual use plans, shall be submitted with forms provided by the Administrative Officer. The Administrative Officer shall also provide the applicant with a copy of the checklist for completeness which is contained in Article IX of this chapter. The completed application forms shall be accompanied by all required plans, supporting documentation, application fees and escrow fees for professional review.
B.
Submission standards.
(1)
In order to be considered for a hearing before the Planning Board, all requirements included in Subsection A above must be submitted at least 28 days prior to a regularly scheduled hearing. Applications submitted up to 14 days prior to a regularly scheduled hearing will be considered for completeness only, unless in the Board's judgment, with the advice of its professionals, the application is deemed sufficiently simple and does not need significant amendment. In such cases, the Board may consider the application.
(2)
Plans and supporting documentation must contain all information herein
required for the type of approval requested. Where there is a question
as to classification of the plan, the applicant may seek advice from
the Administrative Officer. Failure to provide all required information
will result in the plan being declared incomplete.
(3)
All applications for conceptual, preliminary or final site plan or
subdivision approval which require public sanitary sewer or water
service shall submit a receipted copy of an application to the Clayton
Water and Sewer Utility to verify available capacity, i.e., Form A,
B, or C, as appropriate. Water and Sewer Utility approvals of utility
capacity and for connection to the systems shall be obtained prior
to Planning Board action. The Board may require these approvals as
a condition in its resolution of approval.
(4)
Fifteen copies of all application forms, plans and supporting documentation
shall be submitted by the applicant to the Administrative Officer,
where the Administrative Officer or his or her representative shall
date stamp the plans upon receipt. This date shall be considered the
official submission date.
C.
The Administrative Officer shall, immediately upon receipt, date
the submitted documents and assign a file number. Once a file number
has been assigned, the applicant shall place this number on all succeeding
submissions.
D.
The Administrative Officer shall immediately forward one copy of
all items submitted to the Board Solicitor, Board Engineer and other
appropriate professionals.
E.
Review of submission. The Board Engineer and other appropriate professionals
shall review all aspects of the application, including the completeness
of the application, and shall expeditiously report their findings
to the Board.
F.
The following certifications are required before an application is
heard by the Planning Board:
(1)
All taxes due to the Borough on the property for which application
is made shall be paid.
(2)
Sufficient moneys are in the escrow account to cover the cost of
professional reviews.
(3)
Where applicable, the applicant shall submit a certification that
the plan has been submitted for review by appropriate outside agencies,
such as the New Jersey Department of Environmental Protection in the
case of potential wetlands or stream encroachment, the Gloucester
County Board of Health where septic systems are proposed, the Gloucester
County Planning Board, the New Jersey Department of Transportation
when the proposal has frontage on a state highway, and any other agency
as may be directed by the Administrative Officer. A final determination
by these agencies shall not be required for action by the Planning
Board, but any action taken shall be conditioned upon the approval
of these agencies.
A.
The developer must comply with § 88-68 of this chapter regarding requirements for notice of a public hearing.
B.
The Board shall take action on minor subdivisions and minor site
plan applications within 45 days after the application has been certified
complete or within such further time as may be consented to by the
developer. Failure of the Board to act within the prescribed time
period shall constitute approval of the application.
C.
Minor subdivisions and minor site plans do not require preliminary
approval and may be voted upon for final action by the Board. The
Board may condition approval upon compliance with any reasonable condition
not in violation of the terms of this chapter or other applicable
local, state, or federal law.
D.
When a minor subdivision or minor site plan is approved by the Board,
at least 10 prints of the plat, plan or deed descriptions shall be
submitted to the Board by the developer to be signed by the Chairperson
and Secretary of the Board. Copies of the approved documents, including
the resolution of approval, shall be sent to:
E.
Effect of minor subdivision approval.
(1)
The approval of a minor subdivision shall expire 190 days from the
date of the resolution of approval unless within such period a plat
conforming to all conditions of approval is filed in conformity with
the provisions of N.J.S.A. 46:26B-1 et seq., or a deed clearly describing
the approved minor subdivision is filed by the developer with the
County Recording Officer, the Borough Engineer, and the Borough Tax
Assessor as required by N.J.S.A. 40:55D-1 et seq.[1]
(2)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval, provided the approved minor subdivision
shall have been duly recorded as provided in this subsection.
(3)
If the developer proves to the reasonable satisfaction of the Board
that he or she was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally
required approvals from other government entities and that he or she
applied promptly for and diligently pursued the approvals, the Board
either:
(a)
Shall grant an extension of the approval period not to exceed
one year. The developer shall apply for this extension before:
(b)
May extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection E(1) of this section. 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 Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
F.
Effect of minor site plan approval. The zoning requirements and general
terms and conditions, whether conditional or otherwise, upon which
minor site plan approval was granted shall not be changed for a period
of two years after the date of minor site plan approval. If the developer
proves to the reasonable satisfaction of the Board that he or she
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other government entities and that he or she applied promptly
for and diligently pursued the approvals, the Board shall grant an
extension of the approval period not to exceed one year. A developer
shall apply for this extension before:
A.
The developer must comply with § 88-68 of this chapter regarding requirements for notice of a public hearing.
B.
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
developer; provided, however, that the Planning Board shall take action
on a preliminary major site plan or subdivision application which
includes a request for relief pursuant to N.J.S.A. 40:55D-60 within
120 days after the application has been certified complete or within
such further time as may be consented to by the developer. Failure
of the Planning Board to act within the prescribed time period shall
constitute approval of the application.
C.
The Planning Board shall take action on a preliminary major site
plan application involving more than 10 acres of land or more than
10 dwelling units and/or a preliminary major subdivision application
involving more than 10 lots within 95 days after the application has
been certified complete or within such further time as may be consented
to by the developer; provided, however, that the Planning Board shall
take action on a preliminary major site plan or subdivision application
which includes a request for relief pursuant to N.J.S.A. 40:55D-60
within 120 days after the application has been certified complete
or within such further time as may be consented to by the developer.
Failure of the Planning Board to act within the prescribed time period
shall constitute approval of the application.
D.
The Planning Board shall take action on a preliminary major site
plan or subdivision application which includes a request for relief
pursuant to N.J.S.A. 40:55D-70d within 120 days after the application
has been certified complete or within such further time as may be
consented to by the developer. In the event that 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 N.J.S.A. 40:55D-1 et seq. Failure of the Planning Board
to act within the prescribed time period shall constitute approval
of the application.
E.
The Board may condition preliminary major subdivision or site plan approval upon compliance with any reasonable condition not in violation of the terms of this chapter or other applicable local, state, or federal law; provided, however, that no preliminary plan approval shall be granted prior to the approval for sanitary sewer and water service (if appropriate) by the Borough of Clayton Water and Sewer Utility nor prior to the Board Engineer confirming that the stormwater management design conforms to the requirements for major stormwater development, if applicable, in accordance with Art. XII.
[Amended 10-28-2021 by Ord. No. 17-2021]
F.
When a preliminary major subdivision or site plan is approved by
the Board, at least 10 prints of the plat or plan shall be submitted
to the Board by the developer to be signed by the Chairperson and
Secretary of the Board and the Borough Engineer. Copies of the approved
documents, including the resolution of approval, shall be sent to:
G.
Effect of preliminary major subdivision or site plan approval. The preliminary approval of a subdivision or site plan shall, except as provided in Subsection G(4) of this section, confer the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(1)
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; off-tract improvements; and, in the case
of a site plan, any requirements peculiar to site plan approval pursuant
to N.J.S.A. 40:55D-41, except that nothing herein shall be construed
to prevent the Borough from modifying by ordinance such general terms
and conditions of preliminary approval as relate to public health
and safety;
(2)
That the developer may submit an application for final approval on
or before the expiration date of preliminary approval for the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be; and
(3)
That the developer may apply for, and the Planning Board may grant,
an extension of the 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.
(4)
In the case of a subdivision of, or site plan for, an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection G(1), (2) and (3) of this section for a reasonable period of greater than three years, but not more than seven years. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of the preliminary approval for not more than three additional one-year periods, provided that if the design standards have been revised by ordinance, such revised standards may govern. The granting of this extended approval period shall be based upon the Planning Board's consideration of such factors as:
(5)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection G(3) or (4) of this section 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.
(6)
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 he or she 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 required approvals. A developer shall apply
for the extension before:
H.
Concurrent preliminary and final subdivision and site plan approval.
(1)
The Planning Board may, at its discretion, approve a request from
a developer to concurrently consider preliminary and final subdivision
and/or site plan approval, provided that:
(a)
The application does not involve the construction of a new street.
(b)
The application involves the creation of 10 or fewer lots.
(c)
The total square footage of nonresidential construction involves
less than 25,000 square feet of floor area and less than 30,000 square
feet of impervious surface.
A.
The Planning Board shall take action on a final major site plan or
subdivision application within 45 days after the application has been
certified complete or within such further time as may be consented
to by the developer. Failure of the Planning Board to act within the
prescribed time period shall constitute approval of the application.
B.
The Planning Board may condition approval upon compliance with any
reasonable condition not in violation of the terms of this chapter
or other applicable local, state, or federal law; provided, however,
that no such final approval shall be granted until the project has
received sewer and water service approval from the Borough of Clayton
Water and Sewer Utility.
C.
All final plans shall be revised to incorporate any conditions of
approval and, when all such conditions have been met, 10 copies of
the revised final plat shall be submitted to the Administrative Officer
to be signed by the Chairperson and Secretary of the Planning Board.
Copies of the approved documents, including the resolution of approval,
shall be sent to:
D.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plats unless within such period the plat shall
have been filed by the developer with the County Recording Officer,
in conformity with the provisions of N.J.S.A. 46:26B-1 et seq. The
Planning Board may, for good cause, extend the time period for filing
for an additional 190 days from the date of signing of the plats.
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 that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental entities and 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.[1]
E.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first
granted and all other rights granted to the developer pursuant to
the preliminary approval, whether conditionally or otherwise, shall
not be changed for a period of two years after the date on which the
resolution of final approval is adopted, provided that the developer
has duly recorded the major subdivision plat as provided for in N.J.S.A.
40:55D-54.
(2)
If the developer has duly recorded the major subdivision plat as
provided for in N.J.S.A. 40:55D-54, the Planning Board may grant an
extension of the final approval for not more than three additional
one-year periods.
(3)
Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq.,
the granting of final approval terminates the time period of preliminary
approval for the section(s) granted final approval.
(4)
In the case of a conventional subdivision or site plan for 150 acres or more, or site plan for development of nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection E(1) and (2) of this section for a reasonable period of greater than two years, but not more than seven years. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration:
(5)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection E(1), (2) or (4) 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.
(6)
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 he or she 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 he or she applied promptly for and
diligently pursued the required approvals. A developer shall apply
for the extension before:
(7)
All final approvals are conditioned upon submission of required bonds or other surety of a form satisfactory to the Borough, as prescribed in § 88-85. If required street, utility, and similar improvements are not constructed, the Borough may call said bond or surety and use its proceeds to construct said improvements at the applicant's expense.
A.
The Planning Board may condition conditional use approval upon compliance
with any reasonable condition not in violation of the terms of this
chapter or other applicable local, state, or federal laws.
B.
The Planning Board shall take action on an application for a conditional
use within 95 days of submission of a complete application or within
such further time as may be consented to by the developer.
(1)
This time period shall be concurrent with the review of a site plan
application.
(2)
An approval shall be conditioned upon receipt of a favorable recommendation
from the County Planning Board or other appropriate agency, as required.
(3)
Failure to render a timely decision shall be deemed an approval,
as required by N.J.S.A. 40:55D-67.
C.
The Planning Board shall take action on a conditional use approval
application which includes a request for relief pursuant to N.J.S.A.
40:55D-70d within 120 days after the application has been certified
complete or within such further time as may be consented to by the
developer. In the event that 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 N.J.S.A. 40:55D-1 et seq. Failure of the Board to act within the
prescribed time period shall constitute approval of the application.
D.
Conditional use approvals which also include the approval of a subdivision
or site plan shall be subject to the same review and approval procedures,
including the submission of final plans for signatures and distribution,
as any other subdivision or site plan.
E.
Effect of approval. In the granting of an approval for a conditional
use, the applicant shall secure a building permit or, in the case
where no building permit is required, a certificate of occupancy within
one year from the date of approval; otherwise, the granting of the
conditional use shall be deemed null and void.
A.
Compliance. All applicable requirements shall be met at the first
time of erection, enlargement, alterations, moving or change in use
of a structure and shall apply to the entire structure or structures,
whether or not the entire structure or structures were involved in
the erection, enlargement, alteration, moving or change in use.
B.
Time limit on variances.
(1)
Applicable time limit. Any variance granted by the Planning Board
pursuant to N.J.S.A. 40:55D-70c or d shall expire and become null
and void one year from the date such variance is granted unless within
said period the applicant obtains a building permit or otherwise avails
himself of said approval; provided, however, that in the event that
such variance is approved in conjunction with a major subdivision
or site plan approval, then such variance shall not expire and become
null and void until three years after the preliminary approval for
such site plan and/or subdivision is granted and any approved extensions
thereof, or if final approval is granted for such development, two
years from the date of the final approval and any approved extensions
thereof.
(2)
Varying time periods. Nothing contained herein shall be construed as preventing the applicable municipal agency from specifying a shorter or longer period of time than noted in Subsection B(1) above pursuant to approvals granted to variance applications under N.J.S.A. 40:55D-70c or d that are not in conjunction with a major subdivision or site plan approval.
C.
Commencement of time periods. For the purpose of calculating the
times provided for in this section, such time periods shall commence
on the date the municipal agency memorializes its approval by written
resolution.
