Article V Design and Improvement Standards

The New Jersey Residential Site Improvement Standards (NJRSIS) shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval, or variance before any planning board created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or in connection with any other residential development approval required or issued by any municipality or agency or instrumentality thereof.

Except as is otherwise specifically provided, the NJRSIS shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, maintenance, and use of any site improvements constructed by a developer in connection with residential development. The rules are to be interpreted as the minimum required to ensure public health and safety and the maximum that may be required in connection with residential development.

The NJRSIS shall apply to all site improvement work and appurtenant construction, including streets, roads, parking facilities, sidewalks, drainage structures, grading, and utilities, which are undertaken by a developer in connection with residential development or use.

Where both residential and commercial development are planned in a mixed-use development, these rules shall apply to the residential part or parts of such development where such residential part or parts are discrete and separate from planned commercial parts as evidenced by, for example, separate building(s), separate parking, and separate access features.

These rules shall apply to all utilities created by or deriving their authority from municipal ordinance to operate within a given jurisdiction.

Choice among options contained in these rules shall be the applicant's unless otherwise specified in these rules.

Nothing contained in the NJRSIS shall be construed to limit the powers of any municipality to establish and enforce any requirement concerning:

Layout, arrangement, and location of improvements, shade trees, landscaping, or reservation of areas for public use, pursuant to N.J.S.A. 40:55D-38;

Preservation of existing natural resources; arrangement of physical elements for safe and efficient vehicular and pedestrian circulation, by, for example, traffic calming measures as described in Residential Street Design and Traffic Control by W.S. Homburger et al. (Institute of Transportation Engineers, 1989), parking, and loading; screening, landscaping, and location of structures; or conservation of energy and use of renewable resources, pursuant to N.J.S.A. 40:55D-41; or

Use, bulk, height, number of stories, orientation, and size of buildings and other structures; the percentage of lot or development area that may be occupied by structures, lot sizes and dimensions, floor area ratios, or other measures to control development intensity; or the provision of adequate light and air pursuant to N.J.S.A. 40:55-65.

The provisions of the NJRSIS shall not preempt or in any way affect the exercise of any authority by the state or any county government with respect to site improvements conferred by any state law or any regulation promulgated thereunder. It is the intent of these rules to be consistent with all other applicable laws, rules and regulations. Where these rules and any other state or county laws, rules or regulations establish differing requirements, then the requirements of these rules shall govern, except where any such differing requirement is more restrictive.

The NJRSIS rules shall not apply to driveways on private property held in fee simple as individual residential lots outside of the public right-of-way, including common driveways established by easements shared by more than one dwelling unit on private property.

These rules are intended to ensure the public health, safety, and welfare insofar as they are affected by site improvement work, and shall be so construed.

Administration, enforcement and approval.

The Planning Board of the Borough of Clayton shall ensure that the plans and plats for any residential development subject to review under this chapter comply with the requirements of the NJRSIS before issuing a preliminary or final approval.

All materials, equipment, and devices approved by the Planning Board pursuant to N.J.A.C. 5:21-1.7 of the NJRSIS shall be constructed and installed in accordance with such approval.

The standards referenced in the NJRSIS and listed in N.J.A.C. 5:21-8 shall be considered a part of the requirements of the NJRSIS to the prescribed extent of each reference. Where deficiencies occur between provisions of the NJRSIS and referenced standards, the provisions of the NJRSIS shall apply, except as provided in N.J.A.C. 5:21-1.5(e).

Violations.

Where any site improvement is required to meet any part of the NJRSIS pursuant to the requirements of any ordinance adopted pursuant to N.J.S.A. 40:55D-37 (Subdivision and Site Plan Review and Approval) or N.J.S.A. 40:55D-62 (Zoning), then any failure of any person to construct such site improvements in accordance with the requirements of the NJRSIS shall constitute a violation of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Any person responsible for such failure shall be subject to such penalties and enforcement procedures as are provided by that law and by any valid ordinance adopted pursuant thereto which may be initiated by the administrative officer designated by the ordinance (N.J.S.A. 40:55D-18).

In addition to any remedy provided by Subsection D(1) above, any failure to comply with the requirements of the NJRSIS, where compliance is required, shall constitute a failure to meet the conditions of the construction permit and/or certificate of occupancy issued pursuant to the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.). Notification from the Planning Board or from the municipal engineer acting on behalf of the Planning Board that any of the requirements of these rules that are conditions of the construction permit and/or certificate of occupancy have not been met shall subject any person responsible for such failure to the remedies provided under the State Uniform Construction Code Act.

Operative date.

The NJRSIS shall be operative on June 3, 1997. All requirements of the ordinances or rules of the Borough of Clayton in effect on that date which establish rules or requirements for any matter within the scope of the NJRSIS shall be deemed to have been repealed and of no further force or effect.

Any project for which preliminary subdivision or site plan approval has been given prior to June 3, 1997, shall continue to be subject to this chapter.

Any project for which application is made after June 3, 1997 shall be governed by the NJRSIS.

These rules shall not be construed as requiring the revision or amendment of any application for site plan or subdivision approval which is pending on June 3, 1997. Such pending applications may, however, be amended, provided that any such amendments shall meet the requirements of the NJRSIS. For any project for which a completed application has been submitted on or before the operative date of the NJRSIS, but which has not yet received preliminary approval, the applicant shall have the option of amending the application in its entirety to comply with the NJRSIS or of requesting that the municipality continue to review the application under the Clayton ordinances in effect at the time of application.

Planning Board exceptions from the requirements.

The Planning Board may grant such de minimis exceptions from the requirements of the NJRSIS as may be reasonable and within the general purpose and intent of the standards if the literal enforcement of one or more provisions of the standards is impracticable or will exact undue hardship because of peculiar conditions pertaining to the development in question.

An application for an exception pursuant to this section shall be filed in writing with the Planning Board and shall include:

A statement of the requirements of the standards from which an exception is sought;

A statement of the manner by which strict compliance with said provisions would result in practical difficulties; and

A statement of the nature and extent of such practical difficulties.

Exceptions shall become a part of the construction documents and shall be retained by the Planning Board.

Within 30 days of granting a de minimis exception request, the Planning Board agreeing to an exception pursuant to this section shall send a copy of the document(s) constituting the de minimis exception resolution and/or document to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, NJ 08625-0802. Such notice shall be clearly marked "Site Improvement Exception(s)."

An application for an exception may also be made by an officer or agency of the Borough of Clayton.

Examples of de minimis exceptions include, but are not limited to, the following:

Reducing the minimum number of parking spaces and the minimum size of parking stalls;

Reducing the minimum geometries of street design, such as curb radii, horizontal and vertical curves, intersection angles, center-line radii, and others;

Reducing cartway width; and

Any changes in standards necessary to implement traffic calming devices.

The Planning Board's granting of a request for a de minimis exception shall be based on a finding that the requested exception meets the following criteria:

It is consistent with the intent of the Site Improvement Act;[1]

Editor's Note: See N.J.S.A. 40:55D-40.1 et seq.

It is reasonable, limited, and not unduly burdensome;

It meets the needs of public health and safety; and

It takes into account existing infrastructure and possible surrounding future development.

Waiver of standards by the Commissioner of the Department of Community Affairs.

A municipality or developer may, in connection with a specific development, request a waiver of any site improvement standard adopted in the NJRSIS in accordance with N.J.S.A. 40:55D-40.4c. A waiver request may also be made jointly by a municipality and a developer.

§ 88-28 Nonresidential development and other standards.

A request for a waiver of standards shall be processed in accordance with N.J.A.C. 5:21-3.2 through 5:21-3.4.

Any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential development but not governed by the NJRSIS or in connection with any nonresidential subdivision, site plan approval, or variance before the Planning Board shall be governed by this chapter.

The improvements within residential developments which are regulated by the Borough of Clayton Unified Development Ordinance include:

Lighting.

Curbing type.

The standards for water supply and sanitary sewers shall be those specified in the NJRSIS, except where such standards conflict with the rules of the Borough Water and Sewer Utility. That Department's rules shall prevail when a conflict is encountered. See § 88-35, Water supply, and § 88-36, Sanitary sewers and septic systems, for additional details.

If applicable, the activity or use shall conform to the requirements for major stormwater development, in accordance with Art. XII.

[Added 10-28-2021 by Ord. No. 17-2021]

§ 88-29 Streets.

General. The arrangement of streets shall conform to the circulation plan of the Master Plan and/or Official Map of the Borough of Clayton. For streets not shown on the Master Plan and/or Official Map, the arrangement shall provide for the appropriate extension of existing streets.

Street hierarchy and cartway width.

Streets shall be classified in a street hierarchy system as specified in the Circulation Plan Element of the Master Plan.

Right-of-way and cartway widths for state, county and local collector roads are included on the Circulation and Community Facilities Map of the Master Plan. The right-of-way and cartway widths for local nonresidential streets shall be 56 feet and 36 feet, respectively.

Street grade, intersections and pavement.

Street grade.

Minimum street grade permitted for all streets shall be 0.75%, but streets constructed at this grade shall be closely monitored and strict attention paid to construction techniques to avoid ponding. Where waivers are granted allowing grades less than 0.75%, combination curbs and gutters shall be required.

Maximum street grade permitted for all streets shall be 8%.

Vertical curves shall be in accordance with AASHTO standards, based on a design speed five miles per hour above the posted speed. For standard speed limits, the following shall apply:

		Minimum Length Per Percent Change in Slope
Posted Speed (miles per hour)	Design Speed (miles per hour)	Crest Curves (feet)	Sag Curves (feet)
25	30	30	40
50	55	185	115

Undulating and broken back-grade lines are to be avoided.

The provision of street grades which do not meet the minimum permitted or which exceed the maximum permitted may be allowed only as approved by the Planning Board.

Street geometry and intersections.

Minimum intersection angle. Street intersections shall be as nearly at right angles as possible for a center-line distance of 50 feet.

Minimum center-line offset of adjacent intersections. New intersections along one side of an existing street shall, if possible, coincide with any existing intersection on the opposite side of each street. However, where not feasible, use of "T" intersections with offsets at least 200 feet between center lines shall be encouraged.

Minimum curb radius. The minimum curb radius for local nonresidential streets shall be 25 feet, with local collector streets requiring a minimum radius of 30 feet.

Grade. Maximum grade within intersections shall be 2% for a distance of 50 feet from the extended curbline.

Minimum center-line radius. The minimum center-line radius for local nonresidential streets shall be 100 feet, with local collector streets requiring a minimum center-line radius of 150 feet.

Minimum tangent length between reverse curves. The minimum tangent length between reverse curves for local nonresidential streets shall be 50 feet, with local collector streets requiring a minimum tangent length between reverse curves of 100 feet.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

A level of service analysis should be made at all proposed intersections which would allow traffic from a development to exit onto an existing street. When average peak hourly delays of more than 25 seconds are expected, the intersection shall be designed with separate left and right exit lanes. When appropriate, through traffic may be incorporated into one of the turn lanes.

Pavement.

The minimum total pavement thickness for nonresidential streets shall consist of two inches of FABC Mix I-5 surface course over four inches of bituminous stabilized base course Mix I-2 over six inches of dense aggregate or soil aggregate I-5. Higher-order streets shall be site-specifically designed.

The applicant will be permitted to reduce the stabilized base and dense aggregate thickness based on laboratory California bearing ratio (CBR) tests. These tests and the pavement design may be submitted to the Borough Engineer for review in the review phase or well in advance of construction. However, in no case shall the total bituminous pavement thickness be reduced less than four inches in thickness.

Subgrade shall be compacted to a density not less than 95% of the maximum density.

Curbing.

Curbing shall be required for all minor subdivisions and site plans. Curbing in all residential developments shall be constructed with concrete in accordance with the NJRSIS.

Concrete curbing shall be required for all nonresidential streets, parking lots and on-site drives or roads for drainage purposes, safety, and delineation and protection of the pavement edge.

Additionally, curbing may be required for stormwater management, road stabilization, to delineate parking areas, 10 feet on each side of drainage inlets, at intersections, at corners, and at tight curve radii of less than 25 feet.

Curbs shall be constructed according to the specifications set forth below. Asphalt curbs are not permitted.

The standard curb section used shall be 20 feet in length. All concrete used for curbs shall be prepared in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition), except that the dimension shall be six inches by eight inches by 18 inches, and white concrete will not be required.

Curbs and/or combination curbs and gutters shall be constructed of Class B Concrete, air-entrained (3,700 psi). Curbs and/or curbs and gutters shall be constructed prior to the construction of the pavement.

Where drainage inlets are constructed but curbs are not required, curbing must be provided at least 10 feet on each side of the inlet.

Curbing shall be designed to provide a curb cut and ramp for wheelchairs and/or bicycles at each intersection and elsewhere when required by the design of the development. Where one of the two streets at an intersection is a collector or arterial road, the ramp shall be oriented to the lower-use roadway.

Sidewalks.

Sidewalks shall be required depending on road classification and intensity of development. Sidewalks shall be proposed for both sides of a street serving nonresidential development, except that a single sidewalk on only one side of a street and at least eight feet in width may be proposed by the applicant in order to provide a combination bicycle path and sidewalk.

Sidewalks are generally required in all commercial and industrial developments and in other areas where pedestrian circulation may be anticipated.

In conventional developments, sidewalks shall be placed in the right-of-way, parallel to the cartway, unless an exception has been permitted to preserve topographical or natural features or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation.

In nonresidential developments including two or more buildings or lots, sidewalks may be located away from the road system to link the individual sites, the street, and on-site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons.

Sidewalks shall be constructed according to the specifications set forth below:

Sidewalks shall be a minimum of four feet wide and four inches thick except at points of vehicular crossing where they shall be at least six inches thick. At vehicular crossings, sidewalks shall be reinforced with six-by-six No. 10 welded wire fabric (WWF) reinforcement or an equivalent.

Concrete sidewalks shall be Class B concrete, having a twenty-eight-day compressive strength of 3,700 psi.

Sidewalks along both sides of Delsea Drive shall be constructed according to the specifications set forth below:

[Added 11-9-2010 by Ord. No. 16-2010]

For all new and/or replaced sidewalks between Clinton and Linden Streets the new concrete sidewalks shall be of exposed aggregate material, inclusive of eight-inch red bricks placed every 10 feet on center in a stacked pattern between the concrete slabs (serving as the construction joint) and an eight-inch red brick soldier course border placed on each side/edge of the sidewalk about its length. All pavers shall be set within concrete sidewalk on top of concrete base.

For all new and/or replaced sidewalks north of Clinton Street and south of Linden Street, the new concrete sidewalks shall be finished with an eight-inch red brick stamped concrete soldier course pattern on each side/edge about its length.

General sidewalk requirements.

All sidewalks along both sides of Delsea Drive shall be a minimum of five feet wide.

Sidewalk materials and thickness shall comply with latest edition of the New Jersey Department of Transportation Road Design Manual.

Concrete sidewalks shall be Class B concrete with added air entrainment.

Stamped concrete may be constructed in areas noted in Subsection E(6)(b) above with the following conditions:

Pigment shall comply with ASTM C979 and be applied at the dosage rates and using the methods recommended by the manufacturer.

Pigment shall match the existing red brick pavers located in the Borough and must be approved by the Construction Department.

Manufacturer and contractor must have minimum of five years of documented experience in this type of process.

Painting of the stamped concrete or paver surfaces is not permitted.

[e]

All stamped concrete or paver surfaces are to be sealed per the manufacturer's recommendations for coverage and frequency applications and are the responsibility of the individual property owner.

Bikeways.

Bicycle paths, separate from required development sidewalks, shall be provided as included in the Master Plan and at the discretion of the Planning Board, including along the Delsea Drive frontage of all lots north of Costil Avenue on the east side and above North Street on the west side.

Bicycle lanes, where provided, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.

Bikeways shall be constructed according to the specifications set forth below:

Bicycle paths. Dimensions and construction specifications of bicycle paths shall be determined by the number and type of users and the location and purpose of the bicycle path. A minimum six-foot paved width should be provided.

Choice of surface materials including bituminous mixes, concrete, and soil cement shall depend on use and users of the path.

Gradients of bike paths should generally not exceed a grade of 5%, except for short distances.

Bicycle lanes. Lanes shall be a minimum of six feet wide.

Bicycle-safe drainage grates shall be used in the construction of all streets.

Utility areas.

Utilities shall generally be located between curblines to facilitate easier access for routine maintenance. If utilities are located outside of right-of-way lines, shade trees should be prohibited within 10 feet of the utility.

The area in which the utilities are placed shall be planted with grass, ground cover, and/or treated with other suitable cover material.

Easements for utilities located outside of a right-of-way shall be indicated on the final plan of lots.

Rights-of-way.

The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, shoulders, sidewalks, graded areas, and utilities.

The right-of-way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than the existing street.

The right-of-way shall reflect future development as indicated by the Master Plan.

Where development is proposed on an existing street which has less than the minimum required right-of-way as included in this chapter or in the Master Plan and/or the Official Map, the applicant shall offer a dedication of the additional right-of-way on his half of the street (from center line) which would be required to meet the required right-of-way standard.

Cul-de-sac shall have a right-of-way radius of 60 feet and a cartway radius of 50 feet.

Lighting.

Lighting for safety shall be provided at intersections, along walkways, at entryways, between buildings, and in parking areas.

Streetlights in residential areas must be installed in accordance with standard practice in the field as implemented in the Borough and as approved by the Board's engineer, in conjunction with Borough policy.

Streetlights in residential areas must be installed with a minimum footcandle of 1.0 over the full area of the intersection.

The maximum footcandle level should not exceed 0.50 footcandle over the right-of-way line.

[Amended 9-22-2016 by Ord. No. 18-2016]

The maximum height of residential streetlighting standards shall not exceed 25 feet.

[Amended 9-22-2016 by Ord. No. 18-2016]

Light poles, if required, should be installed on the same side of a straight roadway in order to reinforce the direction of circulation alignment. A staggered layout should be discouraged.

If cobra head type of luminaire is proposed, the recessed cobra luminaires should be used whenever possible.

Light shields shall be placed on all lighting standards so as to provide proper lighting without hazard to drivers or nuisance to residents. The design of lighting standards shall be of a type appropriate to the development and the municipality.

Underground wiring.

All electric, telephone, television, and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public rights-of-way and installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

Lots which abut existing easements or public rights-of-way where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening, an extension of service, or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.

Year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, shall be required.

Signs within rights-of-way.

Design and placement of traffic signs shall follow the requirements specified in Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation.

At least two street name signs shall be placed at each four-way street intersection and one at each "T" intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs shall be consistent and of a uniform size and color appropriate to the community and erected in accordance with Borough standards.

Sight triangles and sight distance.

Sight triangles shall be designed in conformance with AASHTO.

Sight distance conforming to New Jersey Department of Transportation standards should be provided. Sight distance is measured 10 feet behind the proposed or future curbline based on an eye level of 3.5 feet and an object height of 4.25 feet. For a design speed of 30 miles per hour, 350 feet of sight distance should be provided.

Underdrains. A piped underdrain system is required whenever the seasonal high water table is within two feet of the subgrade of the roadway. Cleanouts with traffic-bearing covers should be provided at two-hundred-fifty-foot intervals.

Street names. Proposed names for any new street(s) or for the extensions of existing street(s) must be approved by the Planning Board but based upon the following guidelines and procedures:

[Amended 10-25-2008 by Ord. No. 13-2008]

Borough Council shall provide to the Planning Board a list of names broken down into two categories (i.e., veterans killed in active duty and historically significant names) which shall be used in the naming of new street(s) or for the extensions of existing street(s) in the Borough as follows:

First selection shall be given to utilizing the list of veterans killed in active duty.

Second selection shall be given to utilizing the list of historically significant names in the Borough of Clayton provided by the Clayton Historic Advisory Committee, Veterans Committee, other Borough organizations and committees, volunteer organizations within the Borough or Borough residents.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 88-30 Off-street parking.

General regulations.

Every use, activity, or structure, in all zoning districts, shall provide sufficient space for access and off-street standing, parking, circulation, unloading, and loading of motor vehicles in a quantity equal to not less than the sum of all applicable standards as provided for in this section. Parking in residential developments shall be governed by the NJRSIS (N.J.A.C. 5:21).

The provisions of this section shall be complied with each time a use or structure is expanded or changed.

Design standards.

Every off-street parking space shall be provided with direct access to a street by means of an aisleway, driveway or similar paved, dustless, all-weather surface. Parking spaces may not be stacked one behind another without such direct vehicular access. The parking space is intended to be sufficient to accommodate the exterior extremities of a vehicle, whether wheel blocks are installed within the parking space to prevent the bumper from overhanging one end of the space.

Each parking space shall be constructed of either a bituminous or portland cement concrete surface, laid over a compacted gravel or crushed stone base course as per Borough standards.

Areas of ingress or egress, loading and unloading, major circulation aisles and other areas likely to experience similar heavy traffic or truck traffic are to be constructed in accordance with the pavement standards for nonresidential streets [see § 88-30C(3)].

Parking stalls and areas likely to experience light traffic shall be paved with a minimum of a two-inch FABC Mix I-5 surface course on a three-inch bituminous stabilized base course. Alternative paving designs based upon CBR testing and using varying thickness of FABC, bituminous stabilized base course and/or dense-graded aggregate subbase may be submitted for review and approval.

Subgrade shall be compacted to a density not less than 95% of the maximum density.

Rigid pavements (portland cement) shall be designed for the specific site. At a minimum, a six-inch reinforced slab over a six-inch dense-graded aggregate is to be used.

The width and length of each parking space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway. Each parking space shall not be less than 18 feet in length nor less than nine feet in width; provided, however, that handicapped parking spaces, as provided for below, shall be:

Not less than 12 feet in width if the spaces are perpendicular to an uncurbed sidewalk on the same grade as the parking space; or

Not less than 13 feet in width if the spaces are perpendicular to a curbed sidewalk or to a sidewalk not on the same grade as the parking space. The thirteen-foot width of the parking space should be clearly divided into an eight-foot parking space with an adjacent five-foot access aisle leading to a ramp up to the sidewalk. Two adjacent handicapped parking spaces may use the same five-foot access aisle.

The width of an access aisle shall not be less than the following; however, where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail:

Angle of Parking	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	22	24
60°	18	24
45°	15	24
Parallel	12	24

The maximum gradient across any parking space shall not exceed 6.0%.

No parking space, on-site aisle, or on-site roadway may be located within 20 feet of a public street. Individual district regulations may prescribe greater setbacks from public streets.

The center line of any access drive shall be set back from the street line of an intersecting street at least 75 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet.

Driveways accessing single-family residences shall not exceed 16 feet in width.

(9)

A parking lot shall be connected to the use or structure which it is intended to serve by means of a sidewalk. A system of sidewalks and/or walkways shall be provided within parking lots of 50 or more spaces to provide effective internal pedestrian circulation.

(10)

Any parking lot serving a use which typically provides shopping carts shall provide one or more cart corrals for the return of the shopping carts.

(11)

Required off-street parking may be provided on a lot other than the lot which generates the parking demand, provided that, at the closest point, the lots are within 300 feet of each other and that the remote parking lot is permanently controlled by the owner of the lot containing the parking generator.

(12)

For mixed-use developments, a shared parking approach to the provision of off-street parking shall be permitted following the methodology described in the publication Shared Parking (Urban Land Institute and Barton Aschman Associates, Inc., Urban Land Institute, 1984).

(13)

No parking shall be provided within five feet of any structure.

(14)

All parking spaces shall be marked by painted lines, each at least four inches in width and extending along the full length of the front and both sides of the space unless otherwise delineated by curbing. The painted line strip shall be centered between two adjacent spaces and half the width of the painted strip may be included within the required size of the parking space.

Handicapped parking.

Every parking lot containing two or more spaces shall provide handicapped parking spaces calculated according to the following schedule or in conformance with the New Jersey Barrier Free Access Code or the Americans with Disabilities Act (ADA), whichever is greater. Decimals resulting from the following calculations shall always be rounded up to the next highest whole number.

	Total Parking Spaces	Minimum Required Handicapped Spaces
	2 to 19	1
	20 to 49	2
	50 or more	3 plus an additional 2% of the total parking spaces provided

Handicapped spaces shall be located in close proximity to principal uses and shall be provided barrier-free access to the same. Where multiple principal uses are to be served by a common parking lot, handicapped spaces shall be proportionately distributed through the parking lot.

Handicapped spaces shall be marked by both a handicapped parking sign and penalty sign and by pavement markings as prescribed by the State of New Jersey.

Required off-street parking by use. Decimals resulting from the following calculations shall always be rounded up to the next highest whole number. Square feet shall refer to gross leasable square feet or, if unknown, 90% of the gross square footage of the building. Outdoor garden centers or other typical outdoor display areas accessible to the general public should be included in the off-street parking calculation. Basements and attic areas which are used exclusively for storage may be calculated according to the standard for warehousing.

	Use	Required Off-Street Parking
	Residential development	Governed by the NJRSIS
	Hotel, motel, inn or boardinghouse	1 space per rental room plus 1 space for each employee on the largest shift. A restaurant use which is open to the public shall be calculated separately.
	Restaurant	1 space per every 50 square feet of floor area devoted to patron use, except for high-volume uses which typically have little or no seating area, e.g. ice cream or water ice stores, which shall provide a minimum of 12 spaces for customers, plus 2 spaces for every 3 employees
	Church, synagogue or other place of worship	1 space per every 60 square feet of floor area devoted to patron use or 1 space per every 4 permanently fixed seats (When pews are used instead of individual seats, 1 permanently fixed seat shall equal 22 inches of a pew.)
	Theater, lodge hall, funeral home, or similar place of assembly	1 space per every 50 square feet of floor area devoted to patron use or 1 space per every 3 permanently fixed seats
	Retail store or personal service establishment, other than in a shopping center of 100,000 or more square feet	5 spaces for every 1,000 square feet
	Shopping center of 100,000 or more square feet	4.5 spaces for every 1,000 square feet
	Office, other than dental or medical office	4.5 spaces for every 1,000 square feet
	Dental or medical office	5.5 spaces for every 1,000 square feet
	Bank or office of a financial institution	4.5 spaces for every 1,000 square feet
	Warehouse or distribution facility	1 space for every 2,000 square feet
	Industrial plant or laboratory	2 spaces per every 1,000 square feet or 1 space for every 2 employees on the largest shift, whichever is greater
	Gasoline station, without service bays	1 space for every employee on the largest shift, but in no case fewer than 3 spaces
	Automobile service facility with bays for maintenance or repair	1 space for every 2 employees on the largest shift, plus 4 spaces for each service bay
	Convalescent or nursing home	0.75 space per bed
	Swimming clubs	25 spaces per every 1,000 square feet of pool area
	Health club or spa	7 spaces per 1,000 square feet
	School: nursery, elementary, or middle school; day-care center	1 space per every employee plus 2 spaces per 1,000 square feet of floor area
	School: high school or trade school	1 space per every employee plus 0.25 space per student
	Other building or use not specified	Adequate parking as determined by the Planning Board

§ 88-31 Off-street loading.

Off-street loading shall be provided as follows.

Off-street loading berths shall be provided in accordance with the following schedule:

Use	Gross Square Footage at Which First Off-Street Loading Berth is Required	Gross Square Footage at Which Each Additional Loading Berth is Required
Manufacturing and warehouse	5,000	40,000
Storage	10,000	25,000
Commercial, wholesale	10,000	40,000
Commercial, retail	10,000	20,000
Service establishment	10,000	40,000
Restaurant	10,000	25,000
Office or bank	10,000	100,000
Hotel	10,000	100,000
School	10,000	100,000
Hospitals and nursing homes	10,000	100,000
Auditoriums and arenas	10,000	100,000

Notwithstanding the schedule above, at least one off-street loading space (10 feet wide and 25 feet long) should be designated for all nonresidential uses or residential uses such as nursing homes which receive or deliver shipments of goods. The Planning Board may require additional loading spaces based upon the applicant's testimony at the time of site plan approval.

Design standards.

Off-street loading shall be either a bituminous or portland cement concrete surface laid over a compacted gravel or crushed stone base course as per the standards of the Borough Engineer.

The standard off-street loading berth shall be 14 feet wide, 60 feet deep, and shall have an apron area of 60 feet. This yields a dock approach area of 120 feet. The berth shall have a vertical clearance of 15 feet.

The Planning Board may reduce the off-street loading requirement for offices, small retail stores, and similar uses to a space 10 feet wide and 25 feet long upon testimony that deliveries will be principally by means of a van or similar small truck.

The standard off-street loading berth (14 feet by 60 feet) shall be provided only in a side or rear yard and shall be screened from the view of public streets and adjacent residential uses or districts.

Off-street loading areas shall not be used for the collection of trash or refuse.

Off-street loading docks and or doors may not be located on the front wall of a building facing the street. If loading docks or doors are planned to face the street, they must be located at least 80 feet to the rear of the front wall of the building and adequately screened from the street.

Commercial drive-through customer service stacking areas.

Every commercial facility providing drive-through customer service areas shall provide a stacking lane, 10 feet wide by 120 feet long, for each window, door, canopy, or similar drive-through facility.

Each stacking lane shall be provided entirely on the lot of the subject facility and shall not occur within 20 feet of a street or property line.

The stacking lane shall not block or cross normal vehicular or pedestrian circulation patterns.

A bypass route should be provided for vehicles exiting the stacking lane.

§ 88-32 Lighting.

Streetlighting of a LED type supplied by the utility company and of a type and number approved by the Planning Board shall be provided for all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for streetlighting. Specific streetlighting standards for residential areas are provided in § 88-29I. All existing streets along project boundaries must be made to comply with all Borough Code sections and ordinances by the applicant.

[Amended 9-22-2016 by Ord. No. 18-2016]

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multifamily residential or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward.

Standards for illumination.

The minimum level of lighting in any portion of the parking lot shall be not less than 0.25 footcandle. The average level of lighting within the parking lot shall be not less than 0.5 footcandle. The maximum level of lighting in any portion of the parking lot shall be not greater than two footcandles.

The minimum level of lighting along any portion of walkway not part of a parking lot shall be not less than 0.5 footcandle. The maximum level of lighting along any portion of walkway not part of a parking lot shall be not greater than 2.0 footcandles.

The level of lighting at all intersections between access drives and streets shall be not less than 1.0 footcandle.

The maximum level of lighting on any nonresidential site in the Borough shall be 15 footcandles for specific uses where visual tasks are performed or where security is a concern.

§ 88-33 Landscape, buffer and tree protection standards.

The maximum level of lighting on any residential site in the Borough shall be 10 footcandles for specific uses where visual tasks are performed or where security is a concern.

All lighting fixtures shall be shielded so that all light is contained on the subject property and does not spill over to adjacent properties. Any outdoor lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.

Lighting standards shall not exceed a height of 25 feet in nonresidential districts. Bollard lighting is encouraged for pedestrian walkways.

General standards.

The requirements and standards prescribed herein shall be considered the minimum requirements and standards for all landscape and tree protection plans as required by this chapter.

All existing tree masses and specimen trees shall be preserved pursuant to the tree protection standards of this chapter and preserved specimen trees may be counted towards the minimum requirements of this section at the Planning Board's discretion.

A reduction in the number of trees or shrubs actually planted may be authorized by the Planning Board only after it can be demonstrated that:

Planting in the quantities prescribed would be injurious to existing significant tree masses or individual specimen plantings; and

The existing tree masses or individual specimen plantings have survived all construction activities and are reasonably assured of continued survival.

Planting varieties shall be selected with due consideration of their function; local growing habits; rooting, branching and leafing properties; and climate, moisture, soil and nutrient requirements.

Plantings shall not be installed when they will:

Block, impede or interfere with the construction, maintenance or operation of roadways, drainage facilities, sanitary sewers or other above- or below-ground utilities.

Diminish sight distances along roadways.

Cast dense winter shadow on roadways or public sidewalks (in the case of evergreen plantings).

All portions of a property not utilized by buildings or paved surfaces shall be landscaped utilizing combinations of trees, shrubbery, lawns, fencing, ground cover, rock formations, art works, contours and existing foliage.

An underground irrigation system shall be provided where applicable.

Screening and landscaping of parking lots.

Screening of parking lots. Parking lot buffers may be comprised of earth berms, fences, and landscaping which shall be of a sufficient quantity and size to screen parked automobiles from view of those at grade or first floor level in adjacent buildings, to prevent the shining of automobile headlights into the yards of adjacent property and to screen parked automobiles from view of those traveling on public rights-of-way. In general, this buffer shall provide a visual screen at an elevation no less than six feet above the finished grade of the parking areas. In addition, shade trees shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area.

Interior parking lot landscaping.

Interior parking lots with 10 to 39 parking spaces shall provide landscaping equal to or exceeding 4% of the gross square footage of the paved areas of the site used for drives and parking. Such landscaping shall be provided in areas of not less than 150 square feet. To provide for safe visibility, shrubbery shall be of less than three feet and shade trees shall have foliage no lower than a height of seven feet.

Interior parking lots containing 40 or more parking spaces shall provide internal landscaping equal to or exceeding 5% of the gross square footage of the paved area of the parking lot. No row of parking spaces shall be permitted to exceed 20 spaces without interruption by a minimum ten-foot-wide landscaped island. Every fourth double-loaded bay of parking shall be separated with a landscaped ten-foot-wide separation island. Each island should be planted with low-maintenance evergreen and deciduous shrubs and shade trees. Plantings shall be maintained so that shrubbery does not grow to a height of more than three feet and that the crown of shade trees does not grow less than seven feet above grade level.

Plantings required within the parking areas are exclusive of other planting requirements such as street trees and perimeter buffers.

To prevent conflicts with the opening and closing of automobile doors, all plantings in parking islands located adjacent to or abutting parking stalls shall be set back two feet from the curb. To reduce damage from automobile overhang and snow plowing, all perimeter plantings and all plantings located in separation islands shall be set back three feet from the curb.

All loading bay areas shall be screened from the parking area with either fences, walls, vegetation, etc., or a combination of these elements.

All trash enclosures located within or on the perimeter of the parking lot shall be screened with deciduous and evergreen material.

Buffers. The following regulations are applicable in every zoning district and shall be in addition to the specific landscape and buffer standards contained within the respective district regulations.

Composition of buffers.

Adjacent to any street line. Street buffers may be comprised of earth berms, fences (not to exceed 20% of the linear distance of the street frontage), and landscaping. In general, this buffer shall provide a year-round visual screen between the adjacent uses and the finished grade of the parking areas in the immediate vicinity of the rights-of-way and an elevation no less than six feet above the finished grade. In addition, shade trees shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area.

Adjacent to a residentially zoned district. Within this buffer area, a screen shall be provided which consists of earthen berms and both high- and low-level plant material, of sufficient mass to initially provide an effective year-round visual screen to a height of not less than six feet at the time of planting or construction. This screen shall be provided in free-form planting beds to avoid the appearance of a straight line or a "wall" of planting material. The required high-level screen shall consist of alternating double rows of evergreen trees, spaced not more than 15 feet on center, with rows spaced not more than 10 feet apart. No single planting bed shall exceed 200 feet in length, with sequential beds arranged in an overlapping manner to protect the integrity of the visual barrier. The high-level screen shall be supplemented by earthen berms, constructed at a maximum slope of 3:1 and at a height of not less than three feet, and by evergreen shrubs, planted at an initial height of not less than two feet and spaced at intervals of not more than five feet on center. The balance of the buffer area shall be planted with flowering and shade trees at the rate of one per 1,000 square feet of buffer area.

Adjacent to a non-residentially zoned district.

These buffers may be comprised of earth berms, fences, and landscaping which shall be of a sufficient quantity and size to provide a year-round visual screen between the adjacent uses and the finished grade of the parking areas in the immediate vicinity of the property line and an elevation no less than six feet above the finished grade of the parking or building areas. In addition, shade trees shall be provided in the buffer at the rate of one per 1,000 square feet of buffer area.

For a site in the HB Districts, the Planning Board may, at its discretion, approve a reduction in the width of the buffer area between non-residentially zoned properties to not less than a total of 20 feet between parking lots provided that a vehicular interconnection is provided between the parking lots and that a reciprocal cross-easement is drafted for both properties permitting joint use of each parking lot by both properties.

Maintenance of buffers and landscaping. Plantings in all buffer areas shall be permanently maintained by the property owner.

Trees. Standards for the selection of trees to be planted on private property in conjunction with site plan and/or subdivision approval and replacement of trees lost during construction.

Tree plantings are required for all major subdivisions and site plans and should comply with the following requirements:

All trees shall be located outside of the public right-of-way or public easements.

The trees shall be spaced at intervals of no more than 50 feet on center. When medium or small street trees are used, the planting intervals shall decrease accordingly, to achieve branch overlap at maturity. The intent is to create a canopy. Where small and medium street trees are planted 50 feet on center, supplemental smaller ornamental trees shall be planted in between the larger trees. Alternative street tree plantings may be considered.

In situations where existing masses of trees are preserved along the street, the Planning Board may waive the requirement for the addition of street trees in those areas.

Trees shall be planted so that they will not interfere with underground or overhead utilities, block sight easements, or obscure streetlights.

Tree species used should be predominantly indigenous to the area. Some introduced species are hardy and acceptable. For a list of recommended street trees, see Exhibit 1.[1] Other species may be selected with the approval of the Planning Board; provided, however, that in selecting trees, the following criteria shall be used to determine their suitability:

Positive criteria.

A species that is long lived.

A species that is native to the area.

The hardiness of the tree, including but not limited to wind firmness, climate requirements, and the characteristics of the soil to hold the tree.

The protection of buildings from wind, sun, and other climatic characteristics.

The encouragement of wildlife residence.

The suitability of size at maturity to the tree's function.

The ability to retain soil and control erosion.

[8]

The ability to reduce noise.

Negative criteria.

Susceptibility to insect and disease attack and to air or water pollution.

Existence of disease, rot or other damage to the individual tree.

Editor's Note: Exhibit 1 is included following Subsection F of this section.

To prevent the total obliteration of sections of trees by disease or insect infestation, a variety of trees shall be used in each street tree planting. This does not preclude the limited use of a singular species of tree to create a strong design statement. In general, no more than five trees in a row or in a cluster should be of the same species.

Planting of detention/retention facilities. All detention or retention facilities not used as an amenity shall be sensitively landscaped to minimize, rather than accentuate, their location. Low-maintenance evergreen and deciduous material should be located in a naturalistic manner along the rim of the basin, and water-tolerant varieties of tree, shrub, and ground cover should be utilized along the slopes of the basin.

Tree protection. Trees shall be protected and planted in accordance with the Borough of Clayton Tree Preservation and Maintenance Ordinance, Chapter 87 of the Clayton Code.

Exhibit 1
Recommended Trees
Botanical Name	Common Name	Size¹
Acer campestre	Hedge maple	Small
Acer rubrum	Red maple	Tall
Acer rubrum 'October Glory'	October glory red maple	Tall
Acer saccharum	Sugar maple	Tall
Acer saccharum 'Green Mountain'	Green Mountain sugar maple	Tall
Carpinus caroliniana²	American hornbeam	Small
Fraxinus americana²	White ash	Tall
Fraxinus pennsylvanica lanceolata²	Green ash	Tall
F.p. lanceolata 'Marshall's Seedless'	Marshall's seedless green ash	Tall
Gleditsia triacanthos inermis 'Shademaster'	Shademaster thornless honey locust	Tall
Ginkgo biloba (male only)	Gingko	Tall
Liquidambar styraciflua^{2, 3}	American sweet gum	Tall
Phellodendron amurense	Amur corktree	Medium
Quercus coccinea²	Scarlet oak	Tall
Quercus palustris^{2, 4}	Pin oak	Tall
Quercus rubra²	Red oak	Tall
Tilia cordata	Littleleaf linden	Medium
Tilia cordata 'Greenspire'	Greenspire littleleaf linden	Medium
Zelkova serrata 'Village Green'	Village Green zelkova	Tall

	NOTES:
	¹	Tall: greater than 40 feet; medium: 30 feet to 40 feet; small: less than 30 feet.
	²	Indigenous plant material.
	³	Large seed pod may cause conflicts with pedestrians. Should not be used near sidewalks.
	⁴	Lower branches hang down. Should be used in areas where conflicts with pedestrians and vehicles will be at a minimum.

Site protection and general planting requirements.

Topsoil preservation. Topsoil shall be stockpiled and redistributed on all landscaped surfaces to a depth of four inches to six inches.

Removal of debris. All site-generated, naturally decomposing landscape debris can be disposed of on site, but not in areas of existing landscaping or where decomposition of material will cause hazardous settlement.

Slope plantings. All bare slopes shall be stabilized with vegetation. Steep slopes shall be stabilized with a combination of stabilizing fabrics, berms, terraces, or other means and vegetation.

Planting specifications.

All shade and street trees shall have a minimum caliper of 2.5 inches.

All ornamental and flowering trees shall have a minimum height of six to eight feet.

All evergreen trees shall have a minimum height of five to six feet unless otherwise determined by the Planning Board or Borough Planner.

Shrub and ground cover sizes shall be determined on a case-by-case basis.

Trees and shrubs shall be of nursery-grown stock and shall be insect and disease resistant.

Trees and shrubs should be planted according to the following recommended horticultural procedures:

Plants should be well-formed and healthy nursery-grown stock. The root ball should be inspected to ensure that it is undamaged and contains good quality soil and that it encompasses the entire root system.

Planting operations shall be performed during periods within the planting season when weather and soil conditions are suitable and in accordance with accepted local practices.

Deciduous and evergreen tree planting holes shall be a minimum of two feet larger than the diameter of the root ball and dug to a depth that will place the trees in the same relation to finished grade as the tree bore to its previous existing grade. The root ball shall sit on a convex mound of undisturbed subgrade. Topsoil and subsoil shall be mixed thoroughly with sphagnum peat or humus before backfilling.

Shrub planting holes shall be a minimum of 12 to 18 inches larger than the ball.

Plantings shall be set plumb and straight. The planting shall be set at such a level that, after settlement, a normal or natural relationship to the crown of the plant with the ground surface will be established. The plant shall be located in the center of the pit. Roots shall be spread evenly throughout the hole and soil added carefully.

The backfill soil should be tamped in place and the hole filled to the top of the root ball. The added soil should be tamped gently, but not compacted, and an eight-inch soil saucer rim for the evergreen and deciduous trees and a three-inch saucer rim for the shrubs should be created. A saucer rim is not needed when a shrub is planted in a mulched planting bed.

Plants shall be thoroughly watered according to the watering schedule.

Developer shall report to the Borough Engineer any soil or drainage conditions considered detrimental to the growth of plant material and shall propose necessary treatments or revisions to the landscape plan. Any significant plan revisions must be submitted to the Planning Board for review and approval. Contractor shall report to the Borough Planner any soil or drainage conditions considered detrimental to the growth of the plant material.

Insofar as it is practical, plant material shall be planted on the day of delivery. In the event this is not possible, the contractor shall protect stock not planted. Plants shall not remain unplanted for longer than a three-day period after delivery.

Quality and size of plants, spread of roots, and size of balls shall be in accordance with AANI Z60.1-1986 (or current addition), American Standard for Nursery Stock, as published by the American Association of Nurserymen, Inc.

Plants shall not be bound with wire or rope at any time so as to damage the bark or break branches. Plants shall be handled from the bottom of the ball only.

(l)

Tree trunks shall be wrapped with tree wrap which shall be removed after one growing season.

(m)

In the case of balled and burlapped trees, the burlap and bindings shall be removed from the vicinity of the trunk. If synthetic, nonbiodegradable burlap and twine are used, complete removal of these materials shall be required after setting plant material in hole.

(n)

All trees and shrubs shall be delivered to the site unpruned. Each tree and shrub shall be pruned in accordance with standard horticultural practices to preserve the natural character of the plant. One-third of the leaf area should be removed by thinning the branches and reducing their length. The central leader of the tree shall not be cut.

(o)

Trees shall be supported immediately after planting. All trees greater than six inches shall be guyed to anchors. Smaller trees shall be staked with two wood stakes. The stakes shall have a minimum two-inch nominal diameter. The support wires between the stakes and the tree shall be a double strand of galvanized wire, with a minimum of No. 15 gauge. To protect the tree from injury, the portion of the support wire in contact with the tree shall be encased in reinforced rubber hosing or its equal. To increase the visibility for safety, surveyor's flags shall be tied to the support wires.

(p)

All planting beds and tree saucers shall be dressed to a minimum depth of three inches with shredded hardwood mulch.

(q)

No plant, except ground covers, shall be planted less than two feet from existing structures and sidewalks.

(r)

No deciduous or evergreen trees shall be planted closer than 10 feet to a sanitary or utility easement.

(s)

Underground irrigation systems shall be installed in all buffers and other areas of mass planting.

(t)

All plant material shall be guaranteed by the contractor to be in a vigorous growing condition. Provisions shall be made for a growth guarantee of at least two years for trees and a minimum of two growing seasons for shrubs. Replacement of dead or diseased material shall be made at the beginning of each planting season. All replacements shall have a guarantee equal to that stated above.

Landscape plan requirements.

In the design of a landscape plan, plantings shall be provided in the varieties, quantities and site locations necessary to:

Reduce glare and reflection and to buffer noise and objectionable views.

Complement or improve upon existing landscaping on adjoining properties.

Provide moisture retention, soil stabilization, wind breaks and air purification.

Moderate ground surface, building and stream water temperatures.

Provide seasonal color variety.

On a case-by-case basis, provisions may be made for the moving of on-site specimen trees to other locations on site if requested by the applicant or the Planning Board.

The landscape plans shall be prepared by a landscape architect, architect, planner or engineer certified by the State of New Jersey or other person acceptable to the Board.

Landscape plans shall show all existing plants and natural features that are to remain. All existing trees with diameters of eight inches or greater shall be located and identified by species, size and condition. When groups of trees are to be saved, the locations of the trees only on the perimeter may be shown.

All specimen and tree masses to be preserved and the corresponding tree protection zones and their protection device details shall be shown.

All proposed plant locations shall be:

Graphically shown at 10 years' growth.

Leadered and referenced (plant symbol or key) to a plant list.

Plant list shall include:

Plant symbol or key;

Quantity;

Botanical and common name;

Size at planting;

Bagged and burlap, can size, and similar notes; and

Other notes such as multi-trunk, heavy, etc.

Typical landscape details and specifications shall be shown, including but not limited to planting details, fertilizer rates, ground preparation, and grass seed types.

(9)

Berm location and height.

Berms should be so located as to work in conjunction with fences and vegetation to provide an effective screen. Their locations shall not impede or dam the flow of surface runoff.

Berms shall not exceed five feet in height and shall not have a slope greater than 3:1.

Berm contours shall be shown and referenced to existing and proposed contours.

(10)

All other landscape elements, such as fences, walls, street furniture, trash receptacles, and so forth, shall be located and details of the same included on the plan.

(11)

Light standard locations and on-site utilities that may conflict with landscaping shall be shown.

(12)

A watering schedule shall be included with all landscape plan submissions.

Bonding. The developer shall post performance bonds prior to the planting of the street trees and required landscaping in an amount determined by the Borough Engineer. A maintenance bond shall be established to guarantee the replacement of any plant material which does not survive for a period of two years from installation following the release of the performance bond.

§ 88-34 Common open space standards.

The following standards for the provision of common open space pertain to any multifamily development in the Borough, including but not limited to the PA and APA Districts.

Not less than 25% of land area of every multifamily development shall be preserved as common open space or shall be dedicated to active recreational or community facilities.

At least 25% of the required open space area shall be free of environmental constraints such as floodplains, wetlands, bodies of water, stormwater drainage ways and basins, or steep slopes. This land shall be utilized for common recreational or community facilities in accordance with § 88-42.

A plan outlining the cleaning of debris and dead brush and, when required, the selective thinning and removal of diseased, dying or undesirable vegetation shall be provided.

Common, active recreation shall be provided at a ratio of not less than one acre for every 100 anticipated residents, with a minimum dedication of one acre.

The recorded plan and deeds shall indicate that no additional development of principal structures can occur in the common open space area. The open space shall be restricted against any future building, development or use, except as is consistent with that of providing for open space for recreational, conservation, agriculture or aesthetic satisfaction of the residents of the development or of the general public. Buildings or uses for noncommercial recreation, cultural, or agricultural purposes compatible with the open space objectives may be permitted only with the express approval of the Planning Board, following the approval of the building and site plans by the Planning Board.

Any land set aside as open space must be made subject to a deed restriction or agreement in a form acceptable to the Planning Board and duly recorded in the office of the Recorder of Deeds of Gloucester County. All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Planning Board as to legal form and effect.

Methods of conveyance. All open space must be conveyed in accordance with one of the following methods:

Dedication in fee simple to the Borough. The Borough may, at the discretion of the Borough Council, accept any portion or portions of the open space, provided that:

It is determined by the Planning Board that such land is suitable in size, shape, location, and access, and the Borough Council may determine that such lands will benefit the general public of the municipality;

The Borough agrees to and has access to maintain such lands;

The titles are conveyed to the Borough without cost; and

The Borough Council shall adopt a resolution accepting the deed of dedication from the landowner together with an account of moneys as determined by the Borough Council which shall be deposited in a special municipal trust account that shall be used only for the purpose of maintaining the land. The maintenance funds shall be determined by the Borough Engineer based on an estimate of annual costs for the maintenance of the site, including constructed facilities. Sufficient funds shall be posted to cover all costs in perpetuity and shall be based on a present worth value using a three-percent rate of return.

Conveyance of title to a conservancy, corporation, homeowners' association, funded community trust, condominium corporation, individual or other legal entity, provided that:

The terms of such instrument of conveyance must include provisions suitable to the municipality, assuming such organization can guarantee:

The continued use of such land for the intended purpose in perpetuity;

Continuity of proper maintenance;

Availability of funds required for such maintenance;

Adequate insurance protection;

Provision for payment of applicable taxes;

The right of the Borough to enter upon and maintain such property at the expense of the organization in the event the organization fails to maintain the property; and

Such other covenants and/or easements necessary to fulfill the purposes and intent of this chapter.

The following are prerequisites for a condominium corporation, homeowners' association, or similar entity:

Disposition of the open space must be approved by the Planning Board, prior to final plan approval, and the final plats recorded before any dwelling units are sold, leased, or otherwise conveyed.

Membership must be mandatory for each buyer and/or lessee. The organizational papers shall set forth the voting rights and the manner and time of transference of the organization and its assets from developer to homeowner.

It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise, and the maintenance of recreational and other facilities.

Members or beneficiaries must pay their pro rata share of the costs, and the assessment levied can become a lien on the property, including any maintenance and associated administrative costs incurred by the municipality.

Such corporation or association shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the Borough before any such sale or disposition of open space.

The dedication of open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity or the Borough shall be absolute and not subject to reversion for possible future use for further development.

§ 88-35 Water supply.

Water supply requirements and standards for residential development shall be those required by the NJRSIS. Nonresidential development shall be regulated as indicated in § 88-28C above and the following regulations.

Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The system shall also be designed with adequate capacity and sustained pressure to service the lots and permit necessary firefighting abilities, and in a looped system with no dead-end lines, whenever possible.

Where no public water is accessible, water shall be furnished on an individual lot basis. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with the guidelines, resolutions and requirements adopted by the County Board of Health and the Borough of Clayton Water and Sewer Utility. Prior to being placed in consumer use and prior to the issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Board of Health and the Borough of Clayton Water and Water and Sewer Utility that he complied with all applicable state, county and local regulations.

If a public water supply system will be provided to the area within a six-year period as indicated in the municipal water master plan, Official Map, or other official document, the Borough of Clayton Water and Water and Sewer Utility may require installation of a capped system or "dry lines" (mains only) within the road right-of-way, or, alternatively, the Water and Sewer Utility may require a payment in lieu of the improvement.

Fire hydrants.

Fire hydrants shall be provided as required by the Fire Marshal's office of the Borough of Clayton.

Hydrants shall be spaced to provide necessary fire flow, and the average area per hydrant typically should not exceed 120,000 square feet. In addition, hydrants shall be spaced so all commercial buildings shall be within 500 feet of a hydrant.

A hydrant shall be located at all low points and at all high points with adequate means of drainage provided.

§ 88-35.1 Municipal well protection.

The Borough of Clayton utilizes shallow wells for a portion of its municipal public water supply. The one shallow well currently in use is located at the North Delsea water tower site. The well, known as Well Number 6, is located in the Cohansey-Kirkwood aquifer and is approximately 74 feet deep. Any development within 1,100 feet of this and future wells must be developed in compliance with the New Jersey Clean Water Act, N.J.A.C. 7:10, as amended, and with the following additional standards to protect these community resources. (The Zoning Map identifies these well protection areas.) Developers and property owners are encouraged to use cooperative approaches to subdivision and site design, especially for stormwater management, and to meet with the Water and Sewer Utility and its engineers prior to submitting any applications.

Structures.

No structure shall be located within 250 feet of the well.

Facilities of any type, buildings, tanks, platforms, etc., located outside of industrial or commercial structures, and proposed for the storage of fuels, chemicals or any substances which could endanger groundwater resources, shall be prohibited within 1,100 feet of a well unless a containment system designed to hold the entire contents of the facility is provided and approved by the Board and Water and Water and Sewer Utility engineers. When an approved containment system is provided, these facilities may be located within 500 feet of the well.

Lot coverage.

Maximum building coverage (includes all principal and accessory buildings): 30%.

Maximum impervious coverage: 50%.

Parking lots or driveways. No parking lots or driveways shall be located within 200 feet of the well.

Stormwater facilities.

No detention or retention facility, dry well or other stormwater holding system shall be located within 1,100 feet of a well.

The outflow from a detention or retention basin, whether through a piped system or overland, shall be located more than 1,100 feet from a well.

No swale designed for carrying stormwater shall be located with 500 feet of the well.

Sanitary sewage facilities.

Sanitary sewer lines, manholes and pumping stations shall be located no closer than 200 feet to a well.

Settling basins for any type of residential or nonresidential effluent shall not be located within 1,100 feet of a well.

§ 88-36 Sanitary sewers and septic systems.

No septic system used for domestic waste shall be located within 500 feet of a well. Nonresidential septic systems are prohibited within 1,100 feet of a well.

Sanitary sewer requirements and standards for residential development shall be those required by the NJRSIS. Nonresidential development shall be regulated as indicated in § 88-28C above and the following regulations.

Sanitary sewers. Where a public wastewater treatment plant and collection system is accessible, or where such facilities are to be constructed as a condition of approval of any application for development, the developer shall construct such wastewater treatment facilities and/or sanitary sewer lines and building connections in accordance with the design criteria and permit requirements of the Borough of Clayton Water and Sewer Utility and those of the New Jersey Department of Environmental Protection (NJDEP). The planning, design, construction, installation, modification, and operation of any treatment works shall be in accordance with the applicable NJDEP regulations implementing the New Jersey Water Pollution Control Act (N.J.S.A. 58:10A-1 et seq.) and the New Jersey Water Quality Planning Act (N.J.S.A. 58:11A-1 et seq.) and in such a manner as to make adequate sewage treatment available to each lot and building within the development.

If a public sanitary sewer system will be provided to the area within a six-year period as indicated in the municipal sewer master plan, Official Map, and other official document, the Borough of Clayton Water and Sewer Utility may require installation of a capped system (mains only) within the road right-of-way, or, alternatively, the Water and Sewer Utility may require a payment in lieu of the improvement. Capped sanitary sewers shall be allowed only in areas indicated for sewer service in the State of New Jersey Statewide Water Quality Management (WQM) Plans and where permitted by the NJDEP through sewer connection approval.

Septic systems.

On-site sewage systems, including septic tanks, shall be permitted only when it is infeasible to connect to or extend an existing sanitary sewer, as provided for above.

On-site sewage systems shall conform to the regulations of the Gloucester County Department of Health, the New Jersey Department of Environmental Protection, and all other applicable local, county, state, and federal regulations. All systems should be referred to the Borough of Clayton Water and Sewer Utility for review.

§ 88-37 Stormwater management.

General.

Storm sewer requirements and standards for all development shall be those required by the New Jersey Residential Site Improvement Standards (NJRSIS). For nonresidential development, the following requirements shall also apply.

All development plans shall include a Stormwater Management Report prepared, signed and sealed by an engineer licensed by the State of New Jersey. The report is to analyze pre- and post-development conditions and conveyance system design. Drainage area maps are to be provided. Calculations justifying runoff coefficients, travel time, flow rates, flow volumes, storage volumes and discharge rates, pipe routing tables, etc., are to be included.

The stormwater management plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the Borough Master Plan and applicable county, regional and state storm drainage control programs, and any county mosquito commission control standards, and shall be based on environmentally sound site planning, engineering and architectural techniques.

Development shall use the best available technology to minimize off-site stormwater runoff, increase on-site infiltration, simulate natural drainage systems, and minimize off-site discharge of pollutants to ground and surface water and encourage natural filtration functions. Best available technology may include measures such as detention or retention basins, recharge trenches, piping, contour terraces and swales.

It shall be the policy of the Planning Board to require the ownership and maintenance of all stormwater basins serving residential areas to be located on property owned and maintained by a homeowners' association. In no case shall a stormwater basin be located and maintained by an individual residential lot.

Detention basins are preferred over retention basins. Specific requirements for retention basins are not included herein but will be determined on a case-by-case basis.

It shall be the policy of the Planning Board to minimize the number of basins by encouraging the joint use of basins between various developments and minimizing the number of basins within a development.

Maintenance and repair of detention facilities.

Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the "responsible person."

Prior to granting approval to any project subject to review under this chapter, the developer shall enter into an agreement with the municipality (or county) to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the municipal attorney and may include, but may not necessarily be limited to, personal guarantees, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

In the event that the detention facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.

In accordance with the NJRSIS (N.J.A.C. 5:21-7.5), for detention basins serving a residential community, a maintenance trust fund should be posted which will generate sufficient revenue to cover all maintenance costs in perpetuity. The fund shall be based on a present worth value using a three-percent rate of return. All costs, including mowing, eventual structure replacement, sediment removal, etc., are to be included. The minimum amount of the fund should be $35,000 (based on a one-half-acre basin). This requirement shall apply for basins under either Borough or a homeowners' association ownership.

The plans are to include notes pertaining to restoration procedures and a long-term maintenance schedule and procedures. Maintenance shall include mowing, leaf removal, debris removal, inspection, desilting, and any other work specific for the facility.

Detention basin locations.

Basins shall generally not be located adjacent to residential properties.

When located adjacent to residential properties, side slopes shall be 4:1. Water depth shall be limited to three feet.

Low-maintenance, water-tolerant grasses or wildflower seed mix shall be used as appropriate. Type of vegetation used shall be compatible with the site.

Fencing and dense landscaping may be required when adjacent to residential lots.

All basins, regardless of ownership, must have a dedicated access from a public right-of-way. The access should include a stabilized surface suitable for the passage of maintenance and inspection equipment and vehicles. An easement granting the municipality the right to access and perform work in the basin should be granted.

Discharge location.

The development plans should illustrate all topographical features and structures downstream of all basin discharges, emergency spillways, stormwater outfalls and swales, for a sufficient distance to evaluate the impact of discharge. A stability analysis of the downstream flow path should be provided. Impacts on structures and/or private property should be reviewed.

The impact of increased runoff volume from basins should also be reviewed.

Easements should be provided at all points of discharge onto adjacent properties, regardless of the use of basins, swales, or pipelines to convey the flow to the property line.

Retention basins. When approved, detailed design criteria for retention basins will be determined on a case-by-case basis. However, at a minimum, all requirements for detention basins will be adhered to along with the following:

The separation between seasonal high groundwater and the basin bottom shall be two feet for dry or recharge basins.

Basins should dewater within 24 hours after the design storm event.

Post-construction percolation tests will be required to ensure that the designed dewatering period will be attained.

Side slopes of 4:1 or less shall be used.

For wet retention basins, or permanent ponds, a sufficient natural water supply capable of maintaining a minimum depth of three feet shall be required.

§ 88-38 Performance standards for industrial developments.

In accordance with the NJRSIS (N.J.A.C. 5:21), for retention basins serving a residential community, a maintenance trust fund should be posted which will generate sufficient revenue to cover all maintenance costs in perpetuity. The fund shall be based on a present worth value using a three-percent rate of return. All costs, including mowing, eventual structure replacement, sediment removal, scarifying, etc., are to be included. The minimum amount of the fund should be $47,000 (based on a one-half-acre basin). This requirement shall apply for basins under either Borough or a homeowners' association ownership.

Stormwater management: water quality. The water quality standards for stormwater management shall be those included in the NJRSIS, N.J.A.C. 5:21-7.6.

Fire and explosive hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazards of fire and explosion, and adequate fire-suppression equipment shall be installed and maintained in an operable condition in accordance with the regulations of the Fire Marshal's office, Construction Official and the regulations of applicable local, county, state, and federal agencies.

Electrical disturbance. No activity shall be permitted which results in an electrical disturbance adversely affecting the operation of any equipment beyond the building in which the disturbance is created.

Smoke, ash, dust, fume, vapor, gases and other forms of air pollution. There shall be no emission at any point from any chimney or otherwise which can cause damage to human health, to animals or vegetation, or to other forms of property or which will cause any excessive soiling at any point.

Liquid and solid wastes. There shall be no discharge at any point, into any private or public sewerage system, or into any stream, or into the ground of any materials in such a way, or of such temperature, as to contaminate or otherwise cause the emission of hazardous materials except as regulated by applicable local, state, or federal agencies.

No activity or use shall produce a sound pressure level on adjacent property in excess of the level permitted by the applicable laws of the State of New Jersey and regulations adopted by the New Jersey Department of Environmental Protection or its successor department, and as currently enforced by the Gloucester County Health Department or any other duly authorized enforcement agency.

Vibration.

No activity or operation shall produce at any point along the lot line continuous earth borne vibrations greater than the maximum displacement as permitted in the following table:

Frequency (cycles per second)		Displacement (inches)
Greater Than	Less Than or Equal To	Residential District	Nonresidential District
0	10	0.0004	0.0020
10	20	0.0002	0.0010
20	30	0.0001	0.0006
30	40	0.0001	0.0004
40	50	0.0001	0.0003
50	—	0.0001	0.0002

Discrete pulses that do not exceed 100 impulses per minute may not produce more than twice the displacement specified in the table.

Glare. No activity or use shall produce a strong, dazzling light or reflection of the same beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light, or reflection will not be a nuisance to adjoining properties, dwellings, streets, districts, or from adjacent buildings within an industrial park. In no event shall a lighting intensity greater than 0.125 footcandle, measured at grade, be permitted beyond the subject lot lines.

Odor. No operation shall release materials capable of becoming odorous, either by bacterial decomposition or chemical reaction, that cause or will cause odorous matter or vapor to be generated so as to be readily discernible without instruments from any point along the boundaries of each lot.

Operation. All fabricating, manufacturing, or assembling activities shall be conducted entirely within enclosed buildings.

§ 88-39 General design requirements.

General design requirements for all nonresidential districts are as follows:

No merchandise, products, waste equipment, or similar material or objects shall be displayed or stored outside. However, for automotive sales facilities, vehicles capable of moving under their own power may be displayed and stored outside.

All buildings in a development shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.

All portions of the property not utilized by buildings or paved surfaces shall be landscaped.

The established grades on the site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

Trash enclosures must be enclosed behind an opaque fence or wall at least five feet in height, with an opaque self-closing gate. The exterior finish material of the trash enclosure and gate must be compatible with that of the exterior of the principal structure. Trash enclosures shall not be within 10 feet of any other structures.

Not more than one point of ingress and/or egress shall be permitted within 75 feet of another point of ingress and/or egress serving the same tract, and in no case shall a development have more than two such points of ingress and/or egress on any one street frontage.

§ 88-40 Signs.

Compliance required. The intent of this section is to provide standards for the regulation of signs as accessory uses within the various zoning districts of the Borough of Clayton. Any sign hereafter erected or maintained shall conform to the provisions of this section and any other applicable ordinance or regulation of the Borough of Clayton.

Prohibited signs. The following types of signs shall be prohibited throughout the Borough:

Billboards or off-premises signs.

Any sign which is not permanently attached to the ground or a building structure, except for sandwich board signs pursuant to Subsection G.

[Amended 12-30-2010 by Ord. No. 19-2010]

Permitted signs.

The following types of signs and no others shall be permitted:

In all residential and agricultural districts:

Official traffic signs.

Official signs of any governmental agency.

Signs advertising the sale or rental of premises and signs bearing the word "Sold" or the word "Rented," with the name and address of the person effecting the sale or rental, provided that such signs may be erected only on the premises to which they relate and that the size of any such sign shall not exceed one square foot for each 10 feet of lot frontage, with a maximum of 50 square feet, but no sign need be less than six square feet.

Signs indicating the location and direction of premises available for or in the process of development and having inscribed thereon the name of the owner, developer, builder or agent, provided that the size of any such sign shall not exceed 50 square feet and that not more than one sign shall be erected on each 500 feet of street frontage.

Signs of mechanics and artisans, but only during the period of time that such persons are performing work, provided that such signs shall be erected only on the premises where such work is being performed and that the size of any such sign shall not exceed 12 square feet and that such signs shall be removed promptly upon completion of the work.

Signs of schools, colleges, churches, hospitals or other similar institutions and historic sites, provided that the size of any such sign shall not exceed 20 square feet and that not more than two signs shall be placed on any lot or on contiguous lots owned by the same persons, except as noted in § 88-40C(1)(c).

[Amended 3-23-2023 by Ord. No. 8-2023]

Signs prohibiting or otherwise controlling trespassing upon particular premises or indicating the private nature of a road, driveway or premises, provided that the size of any such item shall not exceed two square feet.

[8]

Signs indicating the name of a particular organization, farm or estate, provided that the size of any such sign shall not exceed six square feet.

[9]

Signs identifying a legal nonconforming or approved accessory use in residences, including a professional nameplate or a sign for an approved home occupation, provided that the size of any such sign shall not exceed two square feet and that such signs shall only be erected on the lot where such accessory use exists.

[10]

Signs used in conjunction with nonconforming commercial uses, provided that the size of any such sign shall not exceed six square feet.

[11]

Signs used for advertising the sale of farm products, provided that the size of any such sign shall not exceed six square feet, and not more than three such signs shall be placed on any lot or on contiguous lots owned by the same person. These signs shall only be displayed when such products are on sale.

[12]

Temporary signs erected for a special event such as an election, yard sale, charitable event or similar purpose. [See Subsection C(2)(r) and (s) below.]

In commercial and industrial districts:

All signs which are permitted in Subsection C(1)(a) above.

Each commercial or industrial use may have one identification sign located on or attached to the principal facade of said use on each street frontage. Such sign shall not project more than two feet beyond the building facade and shall not exceed 100 square feet in area or cover 15% of the principal facade, whichever is the lesser amount. The lowest part of said sign shall be not less than 10 feet above the sidewalk, pavement or ground.

Optional facade sign configuration.

[Amended 8-13-1998 by Ord. No. 13-98]

Each commercial use in the CB District may have two identifying signs located on a principal street facade which may be a maximum of 25 square feet each. One may be used as a menu board style signage to advertise specials and/or sales. The intent is to provide for sale type advertising so banners and poster type signage are not needed and will assist in maintaining sign compliance; or

Due to unique architectural facade conditions, upon review by the Zoning Officer, additional signage may be permitted, but each additional sign may not exceed 12 square feet and must conform to all applicable sign regulations set forth in the Borough ordinance. Total square footage on optional signs may not exceed the limits set forth in Subsection C(1)(b)[2]. The intent is to provide for-sale type advertising.

Signs required by law to be exhibited by the occupants of the premises.

Each commercial or industrial use may have one sign, not attached to a building, on each street frontage, provided that such sign shall not exceed 17 feet in height and shall not be larger than 50 square feet in area and shall be erected within the property lines of the premises to which it relates.

No sign, except such directional devices as may be required by the federal aeronautical authorities, shall be placed, inscribed or supported upon the roof or upon any structure which extends above the roof of any building.

Commercial properties may display no more than one ornamental flag or banner, measuring less than six square feet, at the principal street facade.

LED, electronic message.

[Added 3-23-2023 by Ord. No. 8-2023]

Definitions.

An LED/EMC, electronic message, for the purpose of this article, is a sign with the capability of content change by means of manual or remote input and includes the following types:

Manually activated: a changeable sign whose message copy or content can be changed manually on a display surface.

Electronically activated: a changeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices, or may be from an external light source designed to reflect off the changeable component display, such as an electronic message center (LED/EMC) sign.

An LED/EMC sign, for the purpose of this article, is an electronically activated changeable-copy sign whose variable message and/or graphic presentation capability can be electronically programmed by a computer from a remote location. LED/EMC signs typically use light-emitting diodes (LEDs) as a lighting source.

General regulations.

Where permitted, changeable-copy or LED/EMC sign areas shall be in accordance with the standards as noted for commercial and institutional uses.

A changeable-copy LED/EMC sign may be a portion of the total permitted sign area, not to exceed a maximum of 40 square feet.

A changeable-copy or LED/EMC sign shall not be used for any off-site advertising or messages, other than public service information approved by the Borough.

Changeable-copy or LED/EMC signs, where permitted, shall not obstruct traffic visibility or become a distraction to drivers or a traffic hazard.

[e]

Specific standards for electronic message center (LED/EMC) signs.

[i]

Only one LED/EMC sign is permitted per use/lot(s).

[ii]

No LED/EMC signs shall contain a white lit background.

[iii]

Applicants for commercial or industrial LED/EMC signs shall submit, along with their application, a scaled drawing, which must include the following details:

[A]

The message(s) on the sign face.

[B]

The method of illumination and intensity of lighting.

Materials.

Color scheme.

Structural design.

The location on the building.

[G]

The location on the property if a ground sign, showing the sign's relationship to the street right-of-way line, buildings, and paved and landscaped areas within 100 feet of the sign.

[H]

The height to the top of the sign.

[I]

Square footage of the sign, including dimensions.

[J]

Square footage of the main building face for wall signs.

[K]

Any other requirements pursuant to this chapter.

Design.

All LED/EMC signs shall have automatic dimming controls, via photo cell or software settings, that adjust the light emitted by the sign during ambient low-light conditions and at night so that they are compliant with the sign illumination standards allowed herein.

In nonresidential districts, where permitted, LED/EMC signs shall have a minimum display time of 10 seconds. The change in message must be instantaneous.

All illuminated signs must comply with a maximum luminance level of 750 cd/m2 or nits at least 1/2 hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), United States Department of Commerce, for the Borough's geographic location and date. All illuminated signs may resume luminance levels appropriate for daylight conditions at the apparent sunrise, as determined by the NOAA and in accordance with N.J.A.C. 19:4-8.14. An LED/EMC sign must be equipped with automatic dimming photocell technology to adjust the sign's brightness based upon ambient light conditions. The lights shall not operate at more than 0.3 footcandle above ambient light.

Prior to the issuance of a permit for a changeable-copy or LED/EMC sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified above.

[e]

The following LED/EMC display features and functions are prohibited: scrolling and/or traveling, flashing, blinking, twinkling, spinning, rotating, and similar moving effects.

[f]

All electrical equipment on a newly constructed LED/EMC sign shall be UL listed and labeled.

[g]

All power to an LED/EMC sign shall be supplied via underground carrier, inside approved conduit, and shall be installed in accordance with the National Electric Code.

[h]

LED/EMC signs shall be properly maintained so that inoperative or improperly lighted bulbs do not impair the appearance and legibility of the sign. When malfunctioning, all LED/EMC signs must then be turned off or display a blank screen.

[i]

Where possible, signs should be combined with light fixtures to reduce unnecessary posts and to illuminate the signs with or without additional lighting.

[j]

There should be a consistent sign design theme throughout a particular project. This theme should include style of lettering, construction posts, size, lighting, etc.

[k]

Placement. Signs should not be placed where they may conflict with pedestrian traffic. They should be located so as to avoid conflict with door openings or vehicular operation. Signs should be placed to allow pedestrian clearance, vertically and laterally.

[l]

Location. Attached signs may not be located anywhere that conflicts with any height, obstruction to vision, and similar regulations of this chapter. Freestanding signs shall be located only in the front yard and shall not be located within the minimum side yard for the principal building; in no event shall a sign be closer than two feet to a street right-of-way. A sign shall not be located in any sight triangle unless it is higher than eight feet above street/driveway center line elevations and it complies with all requirements of § 88-44.

Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not be allowed to become or fall into disrepair.

General regulations. The following regulations shall apply to all permitted sign uses:

No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.

No sign, other than official traffic signs, shall be erected within or project over the lines of any street unless specifically authorized by other ordinances or regulations of the Borough of Clayton.

No sign shall project more than two feet over a public sidewalk.

In addition to the other requirements of this section, every sign referred to in this section must be kept in good condition and repair and shall not be allowed to become dilapidated. Whenever a sign shall become dilapidated or unsafe, the administrative officer shall order such sign to be repaired or removed within seven days from the receipt of such order by the owner of the property on which the sign is located. Thereafter, if the condition continues to exist, the Borough of Clayton may cause the same to be rectified, charging the cost to the record owner of the premises.

No sign attached to a structure shall extend above the roofline or parapet.

No flashing, blinking, twinkling, animated, moving or apparently moving sign shall be permitted, except for time and temperature and change-of-copy displays.

No sign with any lighting or control mechanism which may cause radio or television interference shall be permitted.

No sign shall be located so as to interfere with any opening required for legal ventilation, fire escape, doors, windows or other opening used as a means of egress or ingress or for firefighting purposes.

No sign shall utilize the color red or green in its illumination when said sign is placed within 100 feet of a street intersection.

No sign shall be of a shape to distract the attention of the operator of a motor vehicle.

No sign shall in any way simulate official, functional, directional or warning signs erected or maintained by any railroad, public utility or governmental agency concerned with the protection of public health and safety.

(l)

Other banners, spinners, flags, pennants or any moving objects shall not be permitted, whether containing a message or not, except for opening day ceremonies, grand openings for a period of 30 days (zoning permit required), religious or civic holidays or locally sponsored events. They can in no way obstruct the right-of-way or traffic vision. They must conform to general sign provisions set forth in this chapter for setbacks, size and color (as it relates to traffic signals), except as noted in § 88-40C(1)(c).

[Amended 12-30-2010 by Ord. No. 19-2010; 3-23-2023 by Ord. No. 8-2023]

(m)

No signs shall be attached to or painted upon trees, fences, chimneys, utility poles, rocks, curbs, walks, sidewalks, driveways, lamps, hydrants, benches or bridges.

(n)

In any residential district, or across from permitted residential uses, no sign shall be illuminated between the hours of 10:00 p.m. and 7:00 a.m., prevailing time, the following morning unless the business or use so advertised is open to the public later than 10:00 p.m., in which event any such sign may be kept illuminated until such business is closed to the public.

[Amended 3-23-2023 by Ord. No. 8-2023]

(o)

All signs shall conform to the Borough building, electrical or other codes, as appropriate.

(p)

The top of any sign not attached to a structure shall not exceed 17 feet in height.

(q)

No sign, except as required by law, shall be erected or supported upon the roof of any building or upon any structure which extends above the roof of any building.

(r)

Temporary signs erected for a special event such as an election, charitable event or similar purpose shall not be displayed more than 30 days prior to the event and shall be removed by the advertiser within five days after such event shall have taken place.

(s)

Temporary signs erected for a yard sale shall not be displayed more than three days prior to the event and shall be removed by the advertiser within two days after such event shall have taken place.

(t)

Proximity to streets.

Signs shall not be located closer than the following distances to the street right-of-way unless said signs are attached flush to the surface of a building located closer to the street right-of-way:

Area of Sign (square feet)	Minimum Distance (feet)
Less than 25	15
26 to 75	25
76 or more	30

No sign shall be erected within 50 feet of a street intersection or adjoining residential district. These distances may be increased by the administrative officer or municipal agency if strict adherence would cause an inconvenience to the public or constitute a safety hazard.

(u)

All signs shall comply with applicable county, state and federal sign regulations or laws. All signs must conform to sight triangle easement rules and regulations. A sight triangle easement is defined as that area outside of the street right-of-way which is bounded by the intersecting street lines and the straight line connecting points, one each located on the two intersecting street center lines: arterial (high traffic) streets at 150 feet; collector (low to moderate traffic) streets at 100 feet; and local (low traffic) streets at 30 feet. No sign shall be erected above the height of three feet and below 10 feet.

[Amended 12-30-2010 by Ord. No. 19-2010]

(v)

All signs shall be located only on the lot on which the business benefiting from the sign is also located.

(w)

Exemption of fees. Nonprofit [501(c)(3)] organizations, churches, schools and youth sports organizations of the Borough are not required to pay permit fees for their signs.

[Added 12-30-2010 by Ord. No. 19-2010]

Nonconforming signs. A sign lawfully authorized, erected and existing on the effective date of this section may be continued in use, provided that it is not allowed to become dilapidated or unsafe and provided also that said sign shall not be enlarged or changed to benefit another user.

Permits.

It shall be unlawful for any person, firm, or corporation to erect, alter, relocate or maintain any sign within the Borough of Clayton, except those signs hereinafter exempted, without first making an application for and obtaining a permit from the administrative officer, which shall be in addition to any other license or permit required by other Borough of Clayton ordinances or county, state or federal laws or regulations.

Applicants for commercial, industrial or LED electronic message signs shall submit, along with their application, a scaled drawing, which must include the following details:

[Amended 3-23-2023 by Ord. No. 8-2023]

The message on the sign face.

The method of illumination and intensity of lighting.

Materials.

Color scheme.

Structural design.

The location on the building.

The location on the property if a ground sign, showing the sign's relationship to the street right-of-way line, buildings, and paved and landscaped areas within 100 feet of the sign.

The height to the top of the sign.

Square footage of the sign, including dimensions.

Square footage of the main building face for wall signs.

Any other requirements pursuant to this chapter.

Exempt signs. The following signs shall not require an application or permit:

Temporary signs erected for a special event, such as an election, yard sale, and charitable event or similar purpose. Signs for the youth sports organizations of the Borough are exempt if they do not exceed 12 square feet in size and are secured appropriately. Signs for nonprofit organizations of the Borough are exempt. The police message board trailer is also exempt.

[Amended 12-30-2010 by Ord. No. 19-2010]

Official traffic signs.

Official signs of any governmental agency.

Real estate signs and mechanics and artisans signs.

Portable and freestanding signs.

[Added 10-9-2008 by Ord. No. 12-2008]

PORTABLE AND FREESTANDING SIGN

Definition. As used in this subsection, the following term shall have the meaning indicated:

Also known as a "sandwich" or "easel-style" sign.

Portable and freestanding sign permitted. Portable and freestanding signs shall be permitted in the Central Business (CB) District according to the following regulations:

An application must be submitted to and approved by the Zoning Officer to obtain a sign permit.

An indemnification and hold harmless agreement must be signed by the sign owner agreeing that any and all liabilities resulting from placement or existence of the sandwich sign are the sole responsibility of the sign owner and that no liability of any kind is to be implied or assumed by the Borough. Additionally, approval by the Zoning Officer does not make said party liable for any legal or monetary action taken by any party as a result of the sign. All such responsibilities are that of the sign owner.

Proof that signage has been added to the business's insurance policy is required and may be requested from the business owner at any future date for verification. Additionally, the Borough of Clayton must be added to such policy as named insured. Proof will also be required indicating that a full copy of the indemnification and hold harmless agreement has been forwarded to the insurance company.

The sign shall be permitted on the sidewalk portion of the property per the conditions contained in this section, but cannot be located between the curb and sidewalk area of the property.

The sign can be no larger than 60 inches in total height and 36 inches in total width.

The sign shall be located so as not to impair pedestrian or vehicular traffic or as to block or obstruct any legally required fire exit, curbside car door opening area, or other exit.

The sign must only be displayed during open business hours. The sign must also be taken in during any periods of inclement weather, such as rain, snow or high winds.

Signs must be professionally and artistically designed with a theme related to the individual business or business district.

The sign shall not include any lighting or sound equipment.

Only one such sign shall be permitted per registered business as indicated by the Municipal Tax Map.

Signs must be kept clean and in good condition.

(l)

Signs with scrolling letters or type are not allowed.

(m)

Signs must be used for advertisement.

Feather banners.

[Added 8-8-2019 by Ord. No. 14-2019]

Definitions.

Feather banner means a fabric or cloth containing distinctive color, pattern or symbols, which refers to the offer for sale, or existence for sale of products, property, accommodations, services or attractions or activities or attracts attention to a business or to products, property, accommodations, services, or activities that are offered or exist for hire.

No feather banner shall be placed on a property without first obtaining a permit from the Administrative Officer.

Feather banners shall have a maximum of 12 feet in height, width not to exceed three feet.

Only one feather banner may be placed on a property at one time.

Feather banners shall be placed within three feet of the facade of the business.

Feather banners shall not be permitted in parking lots.

§ 88-40.1 Solar and wind energy systems.

In addition to other requirements of this section, every feather banner must be kept in good condition and repair and shall not be allowed to become dilapidated. Whenever a feather banner shall become dilapidated or unsafe, the Administrative Officer shall order such sign to be repaired or removed within seven days from the date of such order by the owner of the property on which the sign is located. Thereafter, if the condition continues to exist, the Borough of Clayton may cause the same to be rectified, charging the cost to the record owner of the premises and may cause denial of permit to the property owner.

[Added 2-24-2011 by Ord. No. 3-2011]

Residential requirements.

Roofline. Installation of solar energy collection panels shall be permitted on the roofs of single-family residential units so long as said units are within 10° of flush with the roofline of the residence. Said installation shall not extend beyond the front or side rooflines. No site plan shall be required for said installations, and a zoning permit is required prior to the installation of the panels on a roof. In no event shall the placement of the solar panels result in a larger total height, including building and panels, than what is permitted in the zoning district in which they are located for the principal building.

Ground. Installation of solar energy collection panels on a lot for residential purposes shall be prohibited in the front yard. Installation in the rear yard and side yards of said lots shall be permitted subject to the installation of appropriate natural screening which shall effectively screen the collection panels and associated frame hardware and piping from abutting properties. If there is a disagreement pertaining to the appropriate natural screening, then the Borough's Engineer shall render an opinion as to the sufficiency of the proposed natural buffer. No site plan shall be required unless the Zoning Officer funds that the installation does not meet the standards herein. All ground arrays shall be set back a distance of 20 feet from all property lines in a residential zoning district. Any deviation from this twenty-foot requirement can only be given by the Borough's Planning Board based upon the unique physical characteristics of the parcel. Ground arrays shall be located so that any glare is directed away from an adjoining property. Ground arrays shall not exceed a height of 15 feet. Installation of ground array solar energy collection panel shall be subject to the issuance of a zoning permit.

Architectural considerations. Exposed hardware, supporting structures, frames and piping shall be finished in nonreflective surfaces and, if roof mounted, compatible with the color scheme of the roof.

Nonresidential requirements.

Roofline. Installation of solar energy collection panels shall be permitted on the roofs of nonresidential structures. Where said solar energy collection panels, support structures, frames, hardware and piping are visible to residential properties, appropriate screening materials shall be installed on the roof in an architectural design compatible with the building. If there is a disagreement pertaining to the appropriate screening materials, then the Borough's Planner shall render an opinion as to the sufficiency of the buffer. Said solar energy collection system shall not extend beyond the roofline of the structure. In no event shall the placement of the solar panels result in a larger total height, including building and panels, than what is permitted in the zoning district in which they are located for the principal building.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Ground. Installation of solar energy collection panels on nonresidential lots shall be permitted in the side and rear yards of said lots; provided, however, that if said solar energy collection panels are visible to residential lots or zones, the lot owner shall provide appropriate effective natural buffering material that will block the views of said panels from abutting residential zone or properties. If there is a disagreement pertaining to the appropriate natural screening, then the Borough's Engineer shall render an opinion as to the sufficiency of the proposed natural buffer. Installation of ground array solar energy collection panel shall be subject to the issuance of a zoning permit. The Zoning Officer shall make a finding as to whether or not the ground installation meets the standards contained herein. All ground arrays shall be set back in conformance with the bulk standards for accessory structures in commercial districts as provided, depending on the array, the Zoning Officer may establish additional distances be required.

Architectural considerations. Exposed hardware, supporting structures, framing and piping shall be finished in a nonreflective surface and consistent with the color scheme of the principal building on site.

Agricultural. Nothing in this section shall be taken to supersede the New Jersey statutes specifically pertaining to agriculture and biomass, solar, and wind energy (P.L. 2009, c. 213).[2] The regulations contained in this section of the ordinance are supplementary and are preempted by the state regulations.

Roofline. Installation of solar energy collection systems shall be permitted on the rooflines of single-family residential units in the same manner as contained in Subsection A hereinbefore.

Ground.

Installation of solar energy collection systems on agricultural structures, including but not limited to barns and sheds, shall be permitted in a manner consistent with single-family residential units on agricultural lots as indicated in Subsection A above.

Installation of solar energy collection systems on agricultural lots other than on farm structures shall be permitted. All installation shall be subject to an appropriate natural buffer that will block the view of said system from abutting property owners. If there is a disagreement pertaining to the appropriate natural screening, then the Borough Engineer shall render an opinion as to the sufficiency of the proposed natural buffer. All such installations shall be subject to the issuance of a zoning permit.

Architectural considerations. Exposed hardware, frames, supporting structures, and piping shall be finished in nonreflective surfaces and consistent with the color scheme of the principal single-family residence or the nearest abutting agricultural building. A landscape architect may be required.

Editor's Note: See N.J.S.A. 4:1C-32.4.

Additional regulations and requirements.

If, in the opinion of the Zoning Officer, the installation of the solar energy collection systems does not satisfy the provisions of this section, he shall refer said application for a minor site plan application before the appropriate board of the Borough of Clayton.

Wind and solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line.

The design of wind or solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

All applications for a wind or solar energy system shall conform to the provisions established in the Borough Code regarding tree removal. Any trees to be removed in excess of that permitted under the exemptions of Chapter 87, Trees, shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of said chapter. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.

The installation of a wind or solar energy system shall conform to the National Electric Code as adopted by the New Jersey Department of Community Affairs.

The installation of a wind or solar energy system is subject to all Atlantic City Electric Company requirements for interconnection.

Wind energy systems shall conform to the height restrictions provided in the zoning code, and any deviation with regard to a height taller than what is expressly permitted in the zoning code requires the owner/operator to make application for relief to the Borough's Planning Board.

Abandonment.

A small wind energy system or solar energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned.

The Zoning Officer may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.

Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If the system is not removed within six months of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove the system as set forth below.

§ 88-40.2 Wireless antenna conditions and standards.

When an owner of a wind or solar energy system has been notified to remove the same and has not done so six months after receiving said notice, then the Borough may remove such system and place a lien upon the property for the cost of the removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

[Added 10-24-2013 by Ord. No. 19-2013]

The Industrial District set forth under Article III, Zoning Districts, of this chapter in § 88-21 and in accordance with the specific zoning conditions and standards for their location and operation included within this new section.

Purposes. It is the overall purpose of these provisions to provide specific zoning conditions and standards for the location and operation of wireless communication antennas within the Borough of Clayton, to recognize the need to safeguard the public good and preserve the intent and purposes of the Clayton Borough Master Plan and Zone Plan.

Overall objective. The overall objective of these provisions is to enable the location within the Borough of Clayton of those antennas which are necessary to provide adequate wireless communication services while, at the same time, limiting the number of antennas, and limiting the number of supporting towers to the fewest possible and therefore specifically encouraging the use of existing towers on Borough of Clayton municipal property, water towers, existing public buildings and existing towers on municipal property.

Specific goals.

To minimize the total number of wireless communication towers within the Borough of Clayton;

To limit the impact of wireless communications antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Clayton;

To safeguard the prevailing and historic character of development throughout the Borough of Clayton;

To encourage the location of antennas upon, or within, existing structures, including existing wireless communication towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, especially those existing structures situated on public property;

To encourage as many antennas as possible, of as many of the wireless communication carriers as possible, to be co-located on the fewest number of existing structures within the Borough of Clayton;

To discourage the construction of new towers which do not have the likelihood of being used by a number of wireless communication carriers;

To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and vistas through careful design, siting, landscape screening and innovative camouflaging techniques;

To formulate and maintain, for land use planning purposes, a complete inventory of all wireless communications antennas, towers and related facilities within the Borough of Clayton, and others in the vicinity of the Borough, which are capable of providing service within the Borough;

(9)

To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these provisions to provide such services quickly, effectively and efficiently;

(10)

To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property and community aesthetics; and

(11)

In recognition of the small size of the Borough of Clayton, to determine whether there is adequate coverage from other sources outside the Borough of Clayton from wireless communications facilities, which may eliminate the need to have a wireless communication facility within the Borough.

Overall comprehensive plan.

In order to effectuate the purposes, objective and goals of these provisions as noted hereinabove, any applicant to the Borough of Clayton for approval to erect a wireless communication antenna, in addition to all other information required by this chapter, shall provide threshold evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and/or ancillary cabinets enclosing related electronic equipment, has been planned to result in the fewest number of antennas or tower locations within the Borough of Clayton at the time full service is provided by the applicant throughout the Borough.

Therefore, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Borough of Clayton and, to the greatest extent reasonably possible, shall indicate why such antennas or towers are specifically required in the Borough of Clayton and the availability of wireless communication antenna locations outside and around the Borough of Clayton, and shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Borough.

More specifically, the overall comprehensive plan shall include the following:

The mapped location and written description of all existing antennas and existing approved supporting structures within the Borough;

The map of GIS database location and written description of all existing or approved water towers or water standpipes and existing telephone or electric poles or towers within the Borough;

How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communications;

How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Clayton by the applicant and by other providers of wireless communication services within the Borough;

How the proposed location of the proposed antenna(s) specifically relates to the objective of co-locating the antennas of many different providers of wireless communication services on a single supporting structure; and

How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communication services within the Borough of Clayton while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers.

Location priorities. Based upon the overall comprehensive plan submitted by the applicant in accordance with the requirements of this section above, if the Borough of Clayton determines the proposed antennas to be needed for the provision of full wireless communication services within the Borough, utilizing the fewest number of towers as reasonably possible, wireless communication antennas for telephone, radio, paging and/or television communication shall be permitted within the Borough at the following prioritized locations:

The first priority location shall be an existing or approved water tower or water standpipe, or any other existing telephone or electric pole or tower within or near the Borough of Clayton, that is located in an approved zone for this conditional use. Any application for use of such lands and structures owned by the Borough of Clayton must be accompanied by written consent from the Borough Council of Clayton to the plan and shall be subject to a written lease with the Borough.

The second priority location shall be on any other lands owned by the Borough of Clayton. Any application for use of such lands must be accompanied by written consent from the Borough Council of Clayton to the plan and shall be subject to a written lease with the Borough.

The third priority shall be on lands situated within the Borough of Clayton in the Industrial District set forth under Article III of this chapter.

Factors considered in granting site plan approval for antennas or towers. In addition to any standards for consideration of site plan approval applications pursuant to this chapter, the Planning Board shall consider the following factors and make specific and separate written findings thereon in determining whether to issue site plan approval:

Height of the proposed tower or antenna;

Proximity of the tower or antenna to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower and antenna with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Availability of suitable existing towers and other structures within and outside the Borough, or alternative technologies not requiring the use of towers or structures as discussed in Subsection G below.

Availability of suitable existing towers or other structures or alternative technology. No new tower or antennas shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board, and said Board makes specific and separate written findings thereon, that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna either within or outside the Borough of Clayton. An applicant shall submit information requested by the Board related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower or structure within or outside the Borough of Clayton or alternative technology can accommodate the applicant's proposed antenna may consist of the following:

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Conditions for site plan approval of towers or installation of antennas. The applicant shall satisfy the following conditions enumerated below in order to obtain site plan approval for towers or installation of antennas:

Maximum tower height. The maximum height of any tower shall not exceed 100 feet, or a height not greater than that of an existing structure onto which the cellular communications antennas are intended to be placed. For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antenna.

Setbacks. The following setback requirements shall apply to all towers for which site plan approval is required:

Towers must be set back a distance equal to at least 125% of the height of the tower from any adjoining lot line, provided that the distance is no closer than the building setback applicable to the zone.

All required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a building which is no greater than 12 feet in height, and which building shall not exceed 250 square feet, and which shall be designed with a residential or office character of appearance and must satisfy the minimum zoning district setback requirements for the zoning district in which the building lies.

Separation. The following separation requirements shall apply to all towers and/or antennas for which site plan approval is required:

Separation from off-site uses/designated areas.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

Separation requirements for the towers shall comply with the minimum standards established in Table 1.

	Table 1
	Off-Site Use/Designated Line Separation Distance
	(measured from the nearest point of the tower or structure upon which the antennas are mounted to the structure of the off-site use or designated line)
	Residence district, low-density residence district, low and moderate residential district, senior citizen overlay district	300 feet or 300% of the height of the tower or existing structure, whichever is greater, measured to the residential unit
	Vacant land in the residence district, low-density residence district, low and moderate residential district, and senior citizen overlay district which is either platted or has preliminary subdivision plan approval which is not expired	300 feet or 300% of the height of the tower or existing structure, whichever is greater, measured to the building setback line of the off-site use
	Vacant unplatted residentially zoned lands	150 feet or 150% of the height of the tower or existing structure, whichever is greater, measured to the property line
	Public park or conservation area	150 feet or 150% of the height of the tower or existing structure, whichever is greater, measured to the property line
	Nonresidentially zoned lands or nonresidential uses	Setbacks apply pursuant to Subsection H(2) above

In addition to the above conditions for all permitted and permitted conditional uses, the applicant must satisfy all other conditions for site plan approval set forth in this chapter.

Site plan submission and approval requirements.

The applicant shall provide to the Planning Board a specific written addressment of design details which conform with and set forth the following information:

Only if the wireless communication antennas cannot be located on an existing structure as set forth above, any proposed new tower shall be a monopole, unless the applicant can demonstrate, and the Planning Board agrees, that a different type of pole is necessary for the co-location of additional antennas on the tower.

To the greatest extent possible no antenna and/or its supportive tower shall be located so as to be visible from any historic district or site as duly designated by the Borough of Clayton, the State of New Jersey or by the federal government.

To the greatest extent possible, no new tower shall be located to be visible from any public street.

To the greatest extent possible, all cables shall be installed within underground conduits.

Any new tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way.

The color of and any camouflaging of the proposed tower shall be proposed by the applicant in the context of the visibility of the tower from different vantage points throughout the Borough and the existing land uses and vegetation in the vicinity of the subject site.

No antenna shall be located on any tower in order to provide service provider personnel the equivalent of wireline telephone service; such service shall be provided via existing telephone lines if available to the site, or the underground extension of telephone lines to the site if necessary.

No lighting is permitted on the tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the Planning Board all applicable FAA standards regarding lighting that may apply to the proposed tower.

No signage is permitted, unless warning and/or equipment information signs are necessary for safety purposes and are specifically approved by the Planning Board.

Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.

Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:

The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;

The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Planning Board regarding the adequacy of the plan to completely screen the tower from view and to enhance the appearance of the building; and

Any newly planted evergreen trees shall be at least eight feet high at the time of planting, and any newly planted deciduous trees shall be a minimum caliper of two inches at the time of planting.

Wireless communication antennas and any proposed supporting tower and related electronic equipment shall require preliminary and major site plan approval as required under this chapter.

In addition to the applicable documentation and items of information required for preliminary and final major site plans specified in this chapter, the following additional documentation and items of information specific to wireless communication antennas are required to be submitted to the Planning Board for review and approval as part of the submission of the preliminary site plan application:

Documentation by a qualified expert that any existing structure proposed for the location of the antenna will have sufficient structural integrity to support the proposed antennas and that the safety hazards resulting from ice falling from the structure and the antennas have been adequately mitigated.

Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future co-located antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met.

A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication service providers at reasonable rates which shall be economically viable.

A visual sight distance analysis, including photographic reproductions of a crane or balloon test, graphically simulating the appearance of any proposed tower, with at least three antenna arrays attached thereto, from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible. The applicant shall schedule the time of the crane or balloon test with the Borough Engineer in order to provide the members of the Planning Board and general public the opportunity to view the crane or balloon.

Written approval from the Clayton Council for use of Borough-owned structures or land when the application involves Borough-owned structures or property.

Evidence from an independent expert that all equipment will comply with the then current Federal Communications Commission (FCC) rules and regulations, including that radio frequency (RF) emissions will be within the FCC guidelines. Any approval shall contain a condition that the applicant shall provide a further report to the Borough Engineer from an independent expert that the RF emissions are within the FCC guidelines within 90 days after installation is complete and that upon any change in FCC guidelines or regulations governing the same the applicant shall within 120 days of such change provide a report to the Borough Engineer from an independent expert that the RF emissions are within the revised FCC guidelines or regulations.