Public Notice- Borough of Clayton, County of Gloucester, State of NJ – Ordinance 21-2026
ORDINANCE #21-2026
AN ORDINANCE AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CLAYTON, CHAPTER 88 UNIFIED DEVELOPMENT, OF THE CODE BOOK OF THE BOROUGH OF CLAYTON
WHEREAS, the Borough of Clayton’s Master Plan emphasizes the important of the protection of the Borough’s residential character, agricultural lands, environmental resources, and historic and cultural heritage; and WHEREAS, data centers and battery energy storage systems, by nature, present an intense and unique form of land use and development, posing significant challenges related to electricity consumption, noise, air quality, water use, community character and long-term planning objectives; and WHEREAS, preliminary data cited by the New Jersey State Legislature have cautioned that large-scale data centers can use as much as 3 to 5 million gallons of water in a single day between liquid cooling and water consumed to generate the energy that powers them; and WHEREAS, this extreme volume of water usage impacts both the homes and businesses within the municipality but also the surrounding communities; and WHEREAS, preliminary studies cited by the New Jersey State Legislature have also indicated that some data centers require 300 MW of electricity, which is roughly equivalent to the output of a small modular nuclear reactor; and WHEREAS, aside from the increases in taxes and governmental services across the board experienced throughout the State and within only the last year, the majority of the State has already seen consumer energy costs increase more than twenty percent (20%), with additional increases expected throughout the year and likely for some time to come; and WHEREAS, high-tech data centers proliferating throughout the state consume a large amount of electrical power at a time when energy costs are increasing for ratepayers; and WHEREAS, it is well established that overdevelopment, urbanization, and overuse of environmental resource impacts subterranean aquifers and the quality of drinking water and other water resources and poses a substantial strain on community water resources; and WHEREAS, battery energy storage systems pose unique hazards and requirements that impact the health safety and welfare of residents; and WHEREAS, the Governing Body is conscious of the hazards, such as depletion of critical groundwater resources, and the impact on the environmental and natural resources posed by the scope, depth and pervasiveness of large-scale commercial data center operations and battery energy storage systems; and WHEREAS, municipal regulations designed for the preservation of the environment and the protection of ecological values are a well-recognized, legitimate, and proper exercise of municipality authority; and WHEREAS, the cutting and removal of trees has been found to cause and create increased soil erosion and dust, instability, and deterioration in the value of surrounding property and other adverse environmental and geographical conditions; and WHEREAS, the dramatic increases and changes in population, development, and the impact of certain data center operations on residents, businesses, the environment, and private and public property have imposed significant burdens on municipal resources and have created increased need to balance the rights and interests of the residents and general public with that of the legitimate rights of property owners to conduct business without unreasonable regulation; and WHEREAS, in light of these significant changes in confluence with modern advancement in technology, scientific and environmental research that have allowed for a more accurate and comprehensive understanding of the hazards and dangers posed to surrounding property, environmental and natural resources, the general public, and the proliferation and expansion of governmental regulation of the environment, safety and business in general, that have occurred since the enactment of the municipalities zoning and development regulations, the Mayor and Council have determined it necessary and appropriate to amend and update its ordinances to adequately address data center and battery energy storage system uses in a manner that best reflects present needs and realities; and WHEREAS, the Borough Council of the Borough of Clayton have determined that it is at this time necessary and appropriate, and in the best interest of the health, safety and welfare of its residents and members of the public who visit, travel or conduct business in the Borough to amend the Borough Code Book to include as a non-permitted use all manner and types of data centers and battery energy storage systems land use and development use within the geographic boundaries of the Borough and to otherwise improve and strengthen the nature, scope, manner and effectiveness of such regulations consistent with the objectives of the Borough’s Master Plan
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Clayton, Gloucester County, New Jersey, as follows: Section 1. Chapter 88, Unified Development, Article II, Terminology, Section 5, Word Usage, of the Code of the Borough of Clayton is hereby amended and supplemented by adding the following word definitions:
DATA CENTER shall mean and include any facility used primarily for the storage, management, and processing of digital or electronic data, which houses computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems, systems for monitoring and managing infrastructure performance, Internet-related equipment and services, data communications connections, environmental controls, fire protection systems, and security systems and services. Typical accessory components of a data center may include transformers, electrical substations, environmental controls, fire suppression, generators, redundant power supplies and security facilities.
BATTERY ENERGY STORAGE SYSTEM (BESS): One or more devices, assembled together, capable of storing and discharging electricity primarily intended to supply electricity to a building or to the electrical grid. This includes, but is not limited to, the following: battery cells; enclosures and dedicated-use buildings; thermal, battery, and energy management system components; inverters; access roads; distribution, collection, and feeder lines; wires and cables; conduit; footings; foundations; towers; poles; crossarms; guy lines and anchors; substations; interconnection or switching facilities; circuit breakers and transformers; overhead and underground control, communications and radio relay systems, and telecommunications equipment; utility lines and installations; and accessory equipment and structures.
Section 2. Chapter 88. Unified Development, Article VI. General Regulations, Section 50, Prohibited Uses, of the Code of the Borough of Clayton is hereby amended and supplemented by adding the following:All Data Centers and Battery Energy Storage Systems, as defined in Chapter 88, ArticleVII, Terminology, Section 5, Word Uses, of the Clayton Code Book, and including any and all uses related to Data Centers and Battery Energy Storage Systems are prohibited in all zoning districts.
Section 3. The Borough Clerk is directed to give notice at least ten (10) days prior to a hearing on the adoption of this Ordinance to the Gloucester County Planning Board and to all other persons or entities entitled thereto pursuant to N.J.S.A. 40:55D-15, including to the Clerk of adjoining municipalities.
Section 4. After introduction, the Borough Clerk is hereby directed to submit a copy of the within Ordinance to the Land Use Board of the Borough of Clayton for its review in accordance with N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64. The Land Use Board is directed to make and transmit to the Borough Council within thirty-five (35) days after referral, a report including identification of any provisions in the proposed Ordinance which are inconsistent with the Master Plan and recommendations concerning any inconsistencies and any other matter as the Board deems appropriate. Upon the adoption of this Ordinance, after public hearing, the Borough Clerk is further directed to publish notice of the passage and to file a copy of this Ordinance, as finally adopted, with the Gloucester County Planning Board, as required by N.J.S.A.40:55D-16.
Section 5. Repealer. All ordinances or parts of ordinances contrary to or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such conflict or inconsistency.
Section 6. Severability. Each section, subsection, paragraph, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase. If any portion of this Ordinance, or its application to any person or circumstances, shall be adjudged or otherwise determined to be invalid, unconstitutional, preempted, void, or ineffective for any clause or reason, such determination shall not affect the remaining provisions of this Ordinance, and the application of such remaining provisions shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this Ordinance are severable.
Section 7. Effective Date. This Ordinance shall take effect immediately upon formal passage and publication according to law.
BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon final passage and publication as required by law.
BOROUGH OF CLAYTON – V. CHARLES SIMON, Mayor
Attest: CHRISTINE NEWCOMB, Municipal Clerk
Published in The Sentinel of Gloucester County Weekly Digital Edition 8/20/2026 Fee:$135.00