Clayton City Zoning Code
ARTICLE VIII
Review and Approval Procedures
§ 88-73 Purpose.
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.
§ 88-74 Applicability of requirements.
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.
§ 88-75 Informal reviews.
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.
§ 88-76 Submission, classification and completeness of formal applications.
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.
§ 88-77 Approval procedures for minor subdivisions and minor site plans.
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:
§ 88-78 Approval procedures for preliminary major subdivisions and site plans.
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:
§ 88-79 Approval procedures for final major subdivisions and site plans.
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.
§ 88-80 Approval procedures for conditional uses.
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.
§ 88-81 Compliance and time limitations for certain approvals.
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.