No building permit shall be issued for the following uses until site plan approval has been granted by the Planning Board or, in the case of a use variance by the Board of Adjustment, in accordance with the procedures set forth in the Land Use Procedures Ordinance of the City of Clifton:[1]
A. 
All conditional uses except walls.
B. 
Railroad stations.
C. 
Bowling alleys, tennis courts and theaters.
D. 
Garden apartments, multifamily dwellings of four or more units, dwelling groups, high-rise apartments and townhouses.
E. 
Shopping centers.
F. 
Public schools.
G. 
Professional, commercial and/or governmental offices.
H. 
The main United States Post Office for the City of Clifton.
I. 
Supermarkets.
J. 
A building or buildings to be constructed on a lot or lots totaling one acre or more in area to be used for any process of manufacture, assembly, alteration, conversion, treatment, processing, compounding or packaging. Additions which are less than 10% of the total floor area and not more than 5,000 square feet shall be exempt from site plan approval.
K. 
Mortuaries.
L. 
Any use permitted in the B-B, B-C and B-D Zones located in any zone on any lot totaling 10,000 square feet or more.
M. 
Any use in any zone having more than 30,000 square feet of floor area or having parking for more than 100 cars.
N. 
Any use in the PCD Zones.
[Added 12-30-1981 by Ord. No. 4683-81]
O. 
Any use in the PCRD Zone.
[Added 3-2-1982 by Ord. No. 4705-82; amended 3-1-1988 by Ord. No. 5249-88]
P. 
Any use in an M-3 Zone.
[Added 5-3-1983 by Ord. No. 4805-83]
Q. 
A building or buildings totally occupied by and used for any nonprofit organizations. Additions that are less than 5% of the total floor area of the existing building shall be exempt from site plan approval and shall not be considered an expansion of a nonconforming use, provided that the proposed expansion is consistent with the existing use and is in compliance with all applicable bulk, height and parking requirements, and provided further that the addition is required as a result of a governmental order required for the health, safety and welfare of the occupants of the building.
[Added 4-1-1997 by Ord. No. 5884-97]
R. 
A building or buildings to be constructed on a lot or lots which are contiguous and used for commercial retail uses, including office buildings, theaters, restaurants and entertainment-oriented facilities, as permitted. Additions which are less than 10% of the total floor area and not more than 1,000 square feet shall be exempt from site plan approval provided the following restrictions are complied with:
[Added 6-4-1997 by Ord. No. 5891-97]
(1) 
No addition shall affect the pedestrian circulation, open space, parking layout provided or any access to and from the subject property and building.
(2) 
Only architectural building features would be affected, including lobby areas or the layout of loading areas. There will be no effect on the amount of square footage devoted to retail display and sales, theater viewing areas, the number of hotel rooms, office space, seating space in restaurants or area devoted to any entertainment activities.
(3) 
Any changes in landscaping and/or lighting resulting from any addition must be fully compensated according to the original provision.
(4) 
No variances may result from any addition.[2]
[2]
Editor’s Note: Former Subsection S, regarding restaurants or fast-food restaurants, added 3-3-1998 by Ord. No. 5948-98, which immediately followed this subsection, was repealed 3-1-2005 by Ord. No. 6466-05.
[1]
Editor's Note: See Ch. 57, Land Use Procedures.
[Added 12-5-1995 by Ord. No. 5771-95]
A. 
A minor site plan review committee shall be established by the Planning Board in order to review the design and planning considerations for all conforming minor site plan applications. Reports on all actions taken by the committee shall, in all cases, be forwarded to the full Planning Board, and to the City Council when in conjunction with a proposal for an awning located within the City right-of-way. In the event that a variance is needed in conjunction with minor site plan approval, the application shall be forwarded to the full Planning Board for consideration and approval, as required.
B. 
An application for minor site plan approval shall be filed with the Zoning Administrator. The application shall be in triplicate and shall be accompanied by three sets of proposed details and construction plans for the awning. There is no fee for minor site plan review.
C. 
Minor site plan approval shall be deemed the final approval of the site plan by the Planning Board minor site plan review committee, provided that the committee may condition such approval on terms ensuring the provisions of improvements pursuant to §§ 29, 29.1, 29.3 and 41 of P.L. 1975, c. 291 (Municipal Land Use Law, N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53).
D. 
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board minor site plan review committee to act within the period prescribed shall constitute minor site plan approval.
E. 
Whenever review or approval of the application by the County Planning Board is required by § 8 of P.L. 1968, c.285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board minor site plan review committee shall condition any approval that it grants upon timely receipt of favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
F. 
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval. The Planning Board shall grant an extension of this period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approval from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before what would otherwise be the expiration date or the 91st day after the date on which the developer receives the last of the legally required approvals from other governmental entities, whichever occurs later.
G. 
The information required to be submitted for a minor site plan shall consist of clearly legible drawings not exceeding 30 inches by 42 inches on any one sheet. All plans and drawings shall include the following:
(1) 
The title of the development; block and lot number; the name and address of the record owner; the name, address, license number and seal (as appropriate) of the person preparing the plans; if the record owner is a corporation, the names and addresses of the president and secretary of the corporation.
(2) 
The date of the plan and any revision thereto.
(3) 
Graphic scale and written scale in feet to the inch.
(4) 
North arrow.
(5) 
A location map showing the location of the development and all properties within 200 feet at a scale of not less than 100 feet to the inch.
(6) 
The size and location of all proposed awnings in relation to the existing building at a scale of not less than 20 feet to the inch. This shall include all details relating to the size, height and location of the proposed awning and shall include all proposed lettering and any logo or other design and the color (including submission of specific color samples to be used), as well as the proposed lighting, as applicable.
An application for site plan approval shall be filed with the Secretary of the Planning Board not less than two weeks prior to the meeting of the Planning Board at which said application is to be considered. The application shall be in triplicate and shall be accompanied by six copies of the proposed site plan, one set of construction plans of the building or structure proposed to be built on the lands for which site plan approval is sought and the requisite fee.
The proposed site plan shall conform to the following requirements and contain the following information:
A. 
The proposed site plan shall be drawn to a scale not less than one inch equals 30 feet.
B. 
There shall be a key map showing the location of the subject property with reference to surrounding areas and existing street intersections.
C. 
The proposed site plan shall show in scale the property lines of the entire parcel of land for which site plan approval is sought and shall indicate the dimensions of said property.
D. 
The proposed site plan shall include the name of the applicant, the date the proposed site plan was prepared, a North arrow, the scale to which the proposed site plan is drawn, the name of the person who prepared the proposed site plan, the block and lot number of the lands for which site plan approval is sought as shown on the most current tax assessment maps of the City of Clifton and the names of all streets abutting such lot and block.
E. 
The proposed site plan shall include the names of all owners of adjacent property, together with block and lot numbers of such property.
F. 
The site plan shall show the zoning district in which the parcel is located, together with zone boundaries within 100 feet therefrom.
G. 
The location of all existing and proposed buildings and structures on the lands for which site plan approval is sought, together with the distances of said buildings and structures from the property lines of said lands and from each other.
H. 
The right-of-way and pavement widths of all public streets upon which the lands for which the site plan approval is sought fronts, to a distance of one hundred feet beyond such lands.
I. 
A statement by the owner of whether any property adjoining the lands for which site plan approval is sought is or is not owned by said owner.
J. 
The location and dimensions of all existing and proposed driveways, curb cuts, private access roads, curbing, parking areas, parking stalls, loading areas and loading bays.
K. 
The proposed landscaping, screening and exterior lighting, including the location, number, size and type of existing landscaping and trees to remain; the location, number, size and type of trees, shrubs and landscaping to be installed; the location, type, height, intensity and illumination area of any lighting to be installed. Any proposed trees shall meet a minimum caliper of four inches at a planted height of 4 1/2 feet.
[Amended 9-4-2012 by Ord. No. 7050-12]
L. 
Arrows which indicate the direction of traffic on all driveways, interior drives and parking areas.
M. 
The location of any existing and proposed railroad sidings, streams, drainage rights-of-way, water or other utility rights-of-way or easements.
N. 
Existing and proposed drainage facilities.
O. 
Existing and proposed contour lines at two-foot intervals.
P. 
The proposed use or uses of land and buildings, together with floor space of all buildings and the estimated number of employees. If the precise use of the building is unknown at the time of application, an amended plan showing the proposed use shall be required prior to issuance of a certificate of occupancy.
Q. 
The site plan shall show the location and design of any off-street parking areas or loading areas, showing size and location of bays, aisles and barriers.
R. 
The site plan shall show the location and type of garbage and refuse disposal facilities, including maneuvering areas.
S. 
Where applicable, the site plan shall show the location and treatment of open space.
T. 
Where applicable, the following information shall be provided:
(1) 
The number of employees.
(2) 
A narrative describing the nature of the operation or activities to occur on the site.
(3) 
A narrative describing trucking on the site; the number and size of trucks used in the applicant's operation; the number, size and frequency of trucks making deliveries; and the time of loading and unloading operations.
U. 
In addition, for site plans or subdivisions involving 40 or more dwelling units, a fiscal impact and school enrollment analysis shall be submitted by the applicant. Projects involving fewer than 40 units shall be required to submit such an analysis if the board of jurisdiction deems it necessary.
[Added 10-31-1986 by Ord. No. 5113-86[1]]
[1]
Editor's Note: This ordinance also provided for the relettering of former Subsection U as Subsection V.
V. 
Such other data or information that reasonably may be necessary for the Planning Board to meet the objectives of site plan approval in acting on a particular application.
[Added 6-7-2017 by Ord. No. 7385-17
Applicants requesting site plan or subdivision approval from the Planning Board shall meet all the requirements of this chapter, including, but not limited to, demonstrating compliance with the following requirements:
A. 
Consistency of the layout or arrangement of the subdivision or land development with the requirements of the zoning ordinance;[2]
[2]
Editor's Note: See this chapter.
B. 
Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the official map, if any, and the circulation element of the master plan, if any, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width, or already has been shown on the master plan at the greater width, or already has been shown in greater width on the official map;
C. 
Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;
D. 
Suitable size, shape and location for any area reserved for public use pursuant to N.J.S.A. 40:55D-44, as may be amended from time to time;
E. 
Reservation pursuant to N.J.S.A. 40:55D-43, as may be amended from time to time, of any open space to be set aside for use and benefit of the residents of a cluster development or a planned development, resulting from the application of standards of density or intensity of land use, contained in the zoning ordinance,[3] pursuant to N.J.S.A. 40:55D-65;
[3]
Editor's Note: See this chapter.
F. 
Regulation of land designated as subject to flooding, pursuant to N.J.S.A. 40:55D-65, as may be amended from time to time, to avoid danger to life or property;
G. 
Protection and conservation of soil from erosion by wind or water or from excavation or grading;
H. 
Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the Air Safety and Zoning Act of 1983, N.J.S.A. 6:1-80, et seq., for any airport hazard areas delineated under that act;
I. 
Conformity with a municipal recycling ordinance required pursuant to N.J.S.A. 13:1E-99.16, as may be amended from time to time;
J. 
Conformity with the state highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," N.J.S.A. 27:7-91, as same may be amended from time to time, with respect to any state highways within the municipality;
K. 
Conformity with any access management code adopted by the county under N.J.S.A. 27:16-1, as may be amended from time to time, with respect to any county roads within the municipality;
L. 
Conformity with any municipal access management code adopted under N.J.S.A. 40:67-1, as may be amended from time to time, with respect to municipal streets;
M. 
Protection of potable water supply reservoirs from pollution or other degradation of water quality resulting from the development or other uses of surrounding land areas, which provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection;
N. 
Conformity with the public safety regulations concerning stormwater detention facilities adopted pursuant to N.J.S.A. 40:55D-95.1, as may be amended from time to time, and reflected in stormwater management plans and stormwater management ordinances adopted pursuant to N.J.S.A. 40:55D-93, et al., as may be amended from time to time; and
O. 
Conformity with the model ordinance promulgated by the Department of Environmental Protection and Department of Community Affairs pursuant to N.J.S.A. 13:1E-99.13a, as may be amended from time to time, regarding the inclusion of facilities for the collection or storage of source separated recyclable materials in any new multifamily housing development.
[1]
Editor's Note: Former § 461-41, Objectives, was repealed 6-7-2017 by Ord. No. 7385-17.
[Added 6-7-2017 by Ord. No. 7385-17; amended 7-5-2017 by Ord. No. 7389-17]
Applicants requesting site plan or subdivision approval from the Planning Board shall meet all the requirements of this chapter, including, but not limited to, demonstrating compliance with the following additional requirements:
A. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A, regarding exterior lighting fixtures, was repealed 4-4-2023 by Ord. No. 7802-23.
B. 
(Reserved)
[1]
Editor's Note: Former § 461-42, Conditions and safeguards, as amended, was repealed 6-7-2017 by Ord. No. 7385-17.
A. 
Approval of a proposed site plan by the Planning Board shall be noted by the signing of the same by the Chairman and Secretary of the Planning Board.
B. 
Two copies of an approved site plan shall be forwarded to the Construction Official by the Secretary of the Planning Board. The Construction Official shall enforce the requirements of the site plan and shall not issue any certificate of occupancy until all of the requirements of the site plan approval have been met, except in accordance with the procedure set forth below.
C. 
In the event that the Construction Official determines that any of the requirements of the site plan approval cannot be met for a temporary period of time by reason of weather, act of God or other cause not created by the applicant, the Construction Official, upon the applicant's posting a performance bond secured by a surety company authorized to do business in the State of New Jersey in an amount reasonably estimated by the Construction Official to be the cost of completing such requirements shall issue a temporary certificate of occupancy for a period not to exceed one year. Said bond shall be conditioned upon the applicant's completing within a period of one year from the date of issuance of a temporary certificate of occupancy all of the site plan requirements then not complete. In the event that such requirements are not completed within said one-year period of time, the Construction Official shall revoke the temporary certificate of occupancy issued and shall cause said requirements to be completed at the sole cost and expense of the applicant.
D. 
Upon approval of either a major subdivision or commercial site plans, the applicant shall be required to enter into a developers agreement with the City. The agreement shall provide, inter alia, the amount of the performance guarantee to be supplied by the applicant and summarize the improvements to be installed and any other conditions to be met by the applicant. The agreement shall be in a form acceptable to the City of Clifton Municipal Attorney and in accordance with the Municipal Land Use Law.
[Added 4-7-1998 by Ord. No. 5954-98]
[Amended 8-18-1987 by Ord. No. 5194-87]
The effect of site plan approval shall confer upon the applicant those rights for a three-year period as stated and delineated in N.J.S.A. 40:55D-49 of the Municipal Land Use Law, subject to and conditioned upon the terms of said statute and any amendments or revisions thereto from time to time.
A. 
An application for site plan approval shall be accompanied by a fee, to be computed in accordance with the following schedule:
(1) 
Multifamily dwellings: $5 per dwelling unit.
(2) 
All other structures: $5 per 1,000 square feet of gross floor area.
(3) 
Site plans relating to additions: in computing the fee for site plans involving only additions to existing structures, only the number of dwelling units or gross floor area to be added shall be used.
(4) 
The minimum fee to accompany any application shall be $50, and the maximum fee shall be $500 per structure.
B. 
As a condition of issuing the certificate of occupancy under site plan approval procedures, the certificate of occupancy shall be based on continued maintenance and upkeep of landscaping and building grounds as shown on the site plan.