Berkeley Heights City Zoning Code

It shall be unlawful for any person, partnership, corporation, or agent to construct, move, alter, or change the use of, or occupancy of, any building or structure or use of any land without receiving all required permits or approvals.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The provisions of this Ordinance shall be administered and enforced by the Construction Official or Zoning Officer of the Township. In no case shall a zoning or building permit be granted for the construction or alteration of any building where the proposed construction, alteration or use thereof would be in violation of any provision of this Ordinance. It shall be the duty of the Construction Official or Zoning Officer or his duly authorized assistants to cause any building, site, plans, or premises to be inspected or examined and to order in writing the remedying of any conditions found to exist in violation of any provision of this Ordinance, and he shall have the right to enter any building, site, or premises during the appropriate business hours in the course of his duties.

A.

Filing Plans. All applications for building or site permits shall be made in the manner prescribed in the Construction Code and this Ordinance. The Construction Official shall not issue a construction permit where any tax or assessment for township improvements is due or delinquent on the property for which the application is made or on any property in the Township owned by the applicant or owner of said property. Nor shall the Construction Official shall not issue any building permit where construction costs exceed $10,000.00 until the site plan and plans of the proposed building(s), structure(s), and/or development have been reviewed by the Planning Board unless the application is exempt from review pursuant to Section 10.1.2 of this Ordinance. In the absence of a reply from the Planning Board within forty-five (45) days from the forwarding of such plans to the Board, the Construction Official shall assume its approval and proceed accordingly. No Certificate of Occupancy shall be issued until all conditions of approval of Site Plan have been completed, and received, and approvals issued by all Code Officials having jurisdiction except as herein provided.

B.

Records.

1.

It shall be the duty of the Construction Official to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the Township Mayor and Council and of other officials of the Township of Berkeley Heights, County and State. Records shall not be removed except with the written consent of the Construction Official.

2.

The Construction Official shall prepare a monthly report for the Township Mayor and Council summarizing for the period since his last previous report all building permits and certificates issued by him and all complaints of violations and the action taken by him consequent thereon.

3.

A copy of each such report shall be filed with the Township Tax Assessor at the same time it is filed with the Township Mayor and Council.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

No building hereafter structurally altered or erected shall be used or changed in use until a Certificate of Occupancy shall have been issued by the Construction Official or Zoning Officer stating that the building, land, or the proposed use thereof complies with the provisions of this Ordinance.

A.

A Certificate of Occupancy either for the whole or a part of a building, shall be issued within ten (10) days after the receipt of a completed application if the erection or alteration of such building or land, or part, shall have been completed in conformity with the provisions of this Ordinance.

B.

In case the Construction Official or Zoning Officer shall decline to issue a Certificate of Occupancy, his reasons for doing so shall be stated on one (1) copy of the application and that copy returned to the applicant.

C.

A Certificate of Occupancy shall be issued to any person having a proprietary or tenancy interest, who shall be held responsible for any violation of this Ordinance on the premises. A record of all certificates shall be kept on file by the Construction Official or Zoning Officer and copies shall be furnished to any person having a proprietary or tenancy interest in the land, building or structure affected.

D.

No Certificate of Occupancy shall be required for any building existing at the time of the enactment of this Ordinance except where the ownership, or the character, use or occupancy is changed.

E.

With the approval of the Township Mayor and Council, a Temporary Certificate of Occupancy for any building, structure, parking lot or impermeable surface may be issued by the Construction Official, if due to seasonal or other special circumstances beyond the control of the applicant, the complete installation of all site construction work or landscape work or other requirements of the approved Site Plan have not been completed. Such a Temporary Certificate of Occupancy shall set forth a time limit, not to exceed ninety (90) days, except that a thirty (30) day extension may be granted by the Construction Official. Also, such a Temporary Certificate of Occupancy shall require a cash escrow of fifty (50) percent of the total cost of the uncompleted and remaining portion of the site work, as determined by the Township Engineer, be deposited with the Township Clerk as a Performance Guarantee.

F.

Fee.

As set forth in Chapter 15.04.020 of the Township Code.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

In the event of a violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this Ordinance, the Certificate of Occupancy for such use shall thereupon, may be revoked or conditioned by the Construction Official until the violation is corrected.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A monthly report of the Certificates of Occupancy issued shall be filed with the Tax Assessor and Tax Collector. A record of all Certificates of Occupancy issued shall be kept in the office of the Construction Official.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Nothing in this Ordinance shall require any change in a building permit, Site Plan or zoning variance or operation which was approved before the enactment of this Ordinance, provided that construction based on said approval shall have been started within sixty (60) days following the effective date of this Ordinance and shall be continuously pursued to completion. Otherwise, said approval shall be void.

B.

Any building, structure or site, the construction of which has been authorized by a permit issued by the Construction Official prior to the passage of this Ordinance, shall be substantially completed within one (1) year from the date of the passage of this Ordinance in accordance with the permit and the requirements of law and ordinance in force at the time when such permit was granted and may be used for the purpose designated in the plans and in the permit. Any proceeding instituted under any repealed ordinance pending at the time of the adoption of this Ordinance shall continue and shall be saved from the effect of this Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Any variance from the terms of this Ordinance hereafter granted by the Planning Board or Zoning Board of Adjustment permitting the erection or alteration of any building or structure, or permitting in the case of the Zoning Board of Adjustment a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every building or structure permitted by said variance, or unless such permitted use has actually been commenced, within one (1) year (twelve months) and the construction or alteration completed with two (2) years (twenty-four months) from the date of entry of the judgment or determination of the Board; except however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the Township Mayor and Council, or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements and standards adopted for the promotion of the public health, safety, morals, convenience, and general welfare of the Township of Berkeley Heights.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Where the provisions of this Ordinance impose greater restrictions or higher standards than those of any statute, other ordinance or regulation, the provisions of this Ordinance shall govern. Whenever the requirements of this Ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, or statutes, the most restrictive or those imposing the higher standards shall govern. However, in the event that any of the provisions of this Ordinance impose greater restrictions or higher standards than set forth in the Developer's Agreements submitted as part of the Township's Compliance Plan the standards set forth in the Developer's Agreements shall govern.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

After Planning Board or Zoning Board of Adjustment as applicable approval of a Site Plan but prior to the issuance of a building permit, the applicant shall tender to the Township a Performance Guarantee for all improvements approved on the plan which involved improvements in public rights-of-way; improvements extending utility and drainage facilities within the site; and conditions involving the control of storm water runoff; soil removal, grading, and soil erosion and sedimentation control. The approval of a Site Plan shall be incomplete until receipt of a Performance Guarantee secured in the same manner prescribed for Performance Guarantees in the Subdivision Ordinance.

B.

Performance Guarantees may be in the form of a Performance Bond, which shall be issued by a bonding or surety company authorized to do business in the State of New Jersey and approved by the Township Mayor and Council as to form, sufficiency, and execution, by certified check returnable to the depositor after full compliance, by cash or by other type of surety approved by the Township Attorney. The type or types of Performance Guarantees and the required percentage of each type in any given case shall be determined by the Township Mayor and Council.

C.

The applicant shall assume all liability for improvements until such time as the improvements are accepted by the Township.

D.

When all of the required improvements have been completed, the applicant shall notify the Township Mayor and Council in writing, by certified mail addressed in care of the Township Clerk, and shall send a copy to the Township Engineer. Thereafter, the Township Engineer shall inspect within forty-five (45) days all the improvements and shall file a detailed report, in writing, with the Township Mayor and Council, recommending either approval, partial approval, or rejection of the improvements.

E.

Prior to the issuance of a Certificate of Occupancy, the filing of a Maintenance Guarantee with the Township covering all items included under the Performance Guarantee shall be required. The Maintenance Guarantee shall be for an amount approved by the Township Mayor and Council upon the advice and recommendation of the Township Engineer, but for an amount not more than fifteen (15) percent of the estimate of the cost of installing of improvements. The Maintenance Guarantee shall run for a period of two (2) years. The final amount of the Maintenance Guarantee shall be based, among other things, on the length of time the improvement has been installed prior to filing the Maintenance Guarantee.

F.

No Performance Guarantee or Maintenance Guarantee shall be required for the installation of improvements for utilities which improvements have been installed by the utility company involved.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Any person, partnership or corporation, whether as owners, lessee, principal, agent, employee or otherwise, who shall violate any of the provisions of this Ordinance or shall fail to comply with any of the requirements thereof, or who shall erect, construct or alter, enlarge, convert, rebuild, move or use any building or structure or uses any lot or land in violation of any statements or plans submitted and approved hereunder the provisions of this Ordinance, shall be in violation of this Ordinance, or who shall refuse reasonable opportunity to inspect any premises or who shall fail to abate such violation immediately after written notice has been served upon him, either by certified mail or by personal service, shall upon conviction thereof be punishable by a fine of not more than $2,000.00 for each offense or imprisonment in the county jail for a period not to exceed ninety (90) days. Each and every day that such a violation continues after such notice shall be deemed a separate and specific violation of this Ordinance.

For purposes of this section, any failure to satisfy a condition of approval, any failure to ensure continued compliance with any condition of approval, and/or any failure to maintain the buildings or other structures in conformity with the approved plans, architectural drawings or elevations constituting a portion of the approved application, or other representations as to appearance and condition made during the course of the presentation to the approving Board shall be a violation of this Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The Construction Official or Zoning Officer shall investigate any purported violation of standards promulgated under this Ordinance, and, if there are reasonable grounds, shall investigate the alleged violation. If the Construction Official or Zoning Officer finds that a violation occurred or exists, he shall direct that such violation be terminated or corrected. If such violation is not terminated or corrected in the manner and within the time permitted by the Construction Official or Zoning Officer, the Construction official or Zoning Officer may seek appropriate relief including the assessment of fines or penalties as provided in Section 17.4.1 or injunctive relief from any Court of appropriate jurisdiction. Any citizen may notify the Construction Official or Zoning Officer in writing of conditions in violation of this Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The regulations, limitations, and restrictions of this Ordinance, including the Zoning Map, may be amended, revised, modified, or repealed by the governing body after a public hearing in accordance with provisions of C. 291, P.L. 1975, N.J.S.A. 40:55D-26 and of this Ordinance.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

No amendment or revision shall become effective unless the ordinance containing such amendment shall first have been submitted to the Planning Board for review and recommendation. The Planning Board shall have a reasonable time, not less than thirty-five (35) days, for consideration and report. The Township Mayor and Council shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the Township Mayor and Council from the requirements of this Article in regard to the proposed development regulating revision or amendment thereto referred to the Planning Board.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A copy of this ordinance and any revisions or amendments thereto shall be filed and maintained in the office of the Township Clerk.

A.

This Ordinance or any revisions or amendment thereto shall not take effect until a copy thereof shall be filed with the Union County Planning Board.

B.

The Secretary of the County Planning Board shall, within ten (10) days of the date of receipt of written request for copies of this Ordinance, make available to the party so requesting with said secretary's certification that said copies are true copies and that all filed amendments are included.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A protest against any proposed amendment or revision of a Zoning Ordinance may be filed with the Township Clerk, signed by the owners of twenty (20) percent or more either of the area of the lots or land included in such proposed change or of the lots or land extending two hundred (200) feet in all directions therefrom inclusive of street space, whether within or without the Township. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds (⅔) of all members of the Township Mayor and Council of the Township of Berkeley Heights.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

All ordinances or parts of any ordinance or regulation inconsistent with the provisions of this Ordinance are hereby repealed. The adoption of this Ordinance, however, shall not abate or prevent the continuance of any proceedings instituted under the Ordinance of which this Ordinance is a revision, nor abate or prevent any proceedings or prosecution for offense heretofore committed in violation of the ordinance known as the "Zoning Ordinance of the Township of Berkeley Heights" and other ordinances of which this Ordinance is a revision. Nothing herein shall be deemed to change the status of nonconforming uses heretofore created by virtue of the prior Zoning Ordinance or amendments thereof, it being the intent that this revision shall not supersede said Ordinance or amendments thereof, but that said Ordinance and amendments and this revision shall constitute a continuing body of law. The intent expressed hereby shall apply not only to this Article, but to the entire Ordinance as well.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

If any Part, Article, Section, Subsection, paragraph, clause, phrase or provision, requirement, standard or regulation of this Ordinance or the location of any zone boundary shown on the Zoning Map that forms a part thereof be adjudged invalid or held invalid or unconstitutional, such adjudication shall apply only to that Part, Article, Section, Subsection, paragraph, clause, phrase or provision, requirement, standard or regulation so adjudged and the remainder of this Ordinance shall be deemed valid and effective.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

This Ordinance shall take effect upon its final passage and publication according to law.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Upon filing of a plat for a proposed minor subdivision, the developer shall submit a fee of $250.00.

B.

Upon the filing of an application for approval of a preliminary plat for a proposed major subdivision, the developer shall pay a non-refundable fee of $400.00 plus a fee of $50.00 for each lot depicted on the preliminary plat.

C.

Upon the filing of an application for approval of a final plat for any major subdivision, the developer shall pay a non-refundable fee of $50.00 for each lot depicted on the final plat.

D.

Upon submitting an application for a preliminary site plan approval, the developer shall pay a non-refundable fee of $600.00 for building not exceeding five thousand (500)square feet or $800.00 for buildings from five thousand (500) square feet to and including ten thousand (10,000) square feet or $1,500.00 for all buildings exceeding ten thousand square feet.

E.

Upon submitting an application for final site plan approval, the developer shall pay a non-refundable fee of $100.00 plus an additional fee of $250.00 for buildings not exceeding ten thousand (10,000) square feet, or $100.00 plus an additional fee of $500.00 for buildings from ten thousand (10,000) square feet to and including fifty thousand (50,000) square feet, or $100.00 plus an additional fee of $1,000.00 for all buildings exceeding fifty thousand (50,000) square feet.

F.

Upon the filing of an application for "c" variance(s) pertaining to a single-family dwelling with the Zoning Board of Adjustment, the applicant/developer shall pay a non-refundable fee in the following amount:

1.

For an application not relating to a deck, shed or fence - $250.00;

2.

For an application relating to a deck, shed or fence - $150.00;

G.

Upon the filing of an application for variance(s) with the Planning Board or for variance(s) with the Zoning Board of Adjustment pertaining to any application types that do not fall under the category of Section 17.11.1.F, the developer shall pay a non-refundable fee for each variance in the following amount:

1.

For a "c" variance not relating to a deck, shed or fence - $200.00;

2.

For a "c" variance relating to a deck, shed or fence - $100.00; and

3.

For any other variance, or an appeal pursuant to N.J.S.A. 40:55D-70(a), N.J.S.A. 40:55D-70(b), N.J.S.A. 40:55D-34, or N.J.S.A. 40P:55D-36 - $50.00 for interpretation, $300.00 for use variance, and $200.00 for all other.

H.

No developer shall be required to pay a filing fee for the affordable housing units which it is required to construct under this Ordinance.

I.

Upon submitting an application for the amendment, modification, or deletion of any term or condition of any prior approval of an application by the Planning Board or Zoning Board of Adjustment with regard to the property, which is the subject of the application, the developer shall pay an application fee calculated as follows:

1.

For minor subdivisions—$125.00;

2.

For preliminary major subdivision approvals—$200.00 plus an additional fee of $25.00 for each individual lot involved in the request;

3.

For a final major subdivision approval—$50.00 for each lot involved in the request;

4.

For preliminary site plan approval—$300.00 for a building not exceeding five thousand (500) square feet, $400.00 for a building from five thousand square feet to ten thousand square feet, or $750.00 for a building exceeding ten thousand (10,000) square feet;

5.

For final site plan approval—$50.00 plus an additional fee of $125.00 for a building not exceeding ten thousand (10,000) square feet, $375.00 for a building over ten thousand (10,000) square feet but not exceeding fifty thousand (50,000) square feet, or $550.00 for all buildings exceeding fifty thousand (50,000) square feet;

6.

For any applications listed in Paragraph F and Gi?1/2fifty (50) percent of the fee listed therein;

7.

In the event the developer seeks to simultaneously amend the provisions of a preliminary and final action of the applicable Board, the fee shall be the higher of the fees provided for above but the developer shall not be required to pay for both a preliminary and final approval amendment.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

In addition to the application fees required by Section 17.11.1, each developer, at the time of filing the application for development, shall deposit with the Township an escrow deposit to be expended in accordance with this section.

B.

Escrow funds shall be utilized to cover the municipal costs of professional and non-professional services incurred during the development review process. Professional and non-professional fees and salaries incurred in connection with review of plans, consultations, site inspections, costs of advertising, written reports and resolution preparation, meeting attendance, general preparation, research, testimony, and other work performed by the board or Township planner, the board attorney, the municipal engineering staff or board engineer, and other professional consulting services as may be required due to the nature of the application.

The calculated escrow fee is for the initial escrow deposit at the time of application submission. If additional sums are necessary later in the process to pay invoices related to the application process or concept plan, the applicant will be required to replenish the escrow account.

C.

Escrow funds required by this Article shall not be utilized to pay inspection costs incurred during actual construction. Deposits required for inspection fees are explained in Section 17.11.3.

D.

Initial escrow deposits shall be in the following amounts:

1.

Sketch plat for major subdivision, minor subdivision, preliminary major subdivision approval and preliminary site plan approval for residential use:

2.

Final major subdivision approval and final site plan approval for residential use:

3.

Non-residential preliminary site plan approval:

4.

Non-residential final site plan: one third (⅓) of the original escrow fee paid at time of preliminary application.

5.

Applications before the Planning Board and Zoning Board of Adjustment other than those listed in parts 1 through 4 above as follows:

(a)

Each application to the Board of Adjustment for (c) variances pertaining to residential, single-family dwellings — $1,000.00 initial escrow deposit

(b)

Each application to the Planning Board or Board of Adjustment for © variances which do not pertain to residential, single-family dwellings — $500.00 per variance

(c)

Unchanged from existing ordinance (use variance for residential)

(d)

Unchanged from existing ordinance (use variance for non-residential)

(e)

All other applications listed in Section 17.11.1.G. - $1,000.00

6.

Applications before the Zoning Board of Adjustment for an appeal of an alleged error in any order, requirement, decision, or refusal made by an administrative officer based on or made in the enforcement of the zoning ordinance pursuant to N.J.S.A. 40:55D-70(a) - $1,000.00.

7.

Applications before the Zoning Board of Adjustment for an interpretation of the zoning map or ordinance or for decisions upon other special questions upon which such board is authorized to pass by any zoning or official map ordinance pursuant to N.J.S.A. 40:55D-70(b) - $1,000.00.

8.

Upon the filing of each request for informal review of a concept plan for development other than those reviews required by the terms of a Developer's Agreement with the Township, the developer shall provide an initial escrow deposit of $200.00. In the event that the conceptual plan is submitted in connection with a Developer's Agreement, the developer shall pay a non-refundable fee calculated as if the application was a formal application. All such fees paid shall be credited toward fees due at the time of formal application.

9.

Upon the filing of concept plans for a TRC meeting — $1,500.00 for each TRC meeting scheduled. Should additional escrow be needed to pay the invoices received from the professionals involved in the TRC meeting, the applicant/developer will be informed and required to replenish the escrow account.

E.

For Planning Board applications and Board of Adjustment applications for variance(s) that do not fall under the category of 17.11.1.F, the developer/applicant's escrow funds will be used to pay for secretarial coverage at the public hearing(s).

F.

For all PB and BOA applications, the applicant/developer's escrow account will be charged for the cost of the Board's court reporter if the hearing is part of a special meeting requested by the applicant/developer.

G.

For Planning Board applications and Board of Adjustment applications not pertaining to variance(s) for single-family dwellings, the cost of the Board's court reporter at any hearing at which such application is heard or discussed shall be charged to the applicant/developer's escrow account.

H.

Any application involving more than one (1) of the categories set forth above shall pay an application fee equal to the sum of the individual fees and shall require an escrow deposit equal to the sum of the individual escrow amounts.

I.

An applicant shall pay the required application fee and shall make the required escrow deposit before the applicant shall be permitted to appear before the Planning Board or Zoning Board of Adjustment.

J.

Additional escrow funds may be required when the escrow account has been depleted to twenty (20) percent of the original escrow amount or whenever deemed necessary by the Escrow Official. The Escrow Official designated by the Board of Adjustment and Planning Board shall notify the applicant/developer when an additional escrow deposit is needed. Professionals and non-professionals being paid from escrow funds shall notify the Escrow Official as to additional costs anticipated to be incurred, and the Escrow Official shall notify the developer as to the amount of additional funds to be deposited. No further action shall be taken by the board until such deposit has been made.

K.

Escrow deposits shall be placed in a bank account, which may be interest bearing or non-interest bearing, depending upon the amount of the deposit (as administered by the Finance Department in accordance with N.J.S.A. 40:55D-53).

L.

All disbursements to consulting professionals and applicable charges from Township or Board employed professionals and non-professionals for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow account.

M.

All bills submitted by consulting professionals relative to said applications shall specify the services performed for individual applications and the time expended relative thereto. The bill shall set forth the hourly billing amount which will be the amount charged to the Township pursuant to the consultants' contract.

N.

All charges by Township employed professionals and non-professionals shall specify the services performed for individual applications and the time expended relative hereto. Where the Township is entitled to reimbursement for the services rendered by its employees pursuant to statute, the hourly billing rate shall be equal to two hundred (200) percent of the hourly salary rate for such employee which shall be calculated as one thirty-fifth (1/35) of that employee's weekly compensation. The attorney's time shall be billed at his contract rate with the Board and the Clerk's time shall be billed at thirty-five ($35.00) dollars per hour.

O.

The Township shall supply the developer with an accounting of escrow funds within ninety (90) days after the appropriate Board has taken official action on the application.

P.

All sums not actually expended shall be refunded to the applicant within ninety (90) days after the appropriate board has taken official action.

Q.

Any resolution of approval adopted by the Planning Board or the Zoning Board of Adjustment shall contain a condition that all fees and escrow sums required under this Article have been paid in full before the Board officers may sign any plan, map, or deed.

R.

No developer shall be required to pay an escrow fee for the affordable housing units which it is required to construct under this Ordinance.

S.

Upon submitting an application for the amendment, modification, or deletion of any term or condition of any prior approval of an application by the Planning Board or Zoning Board of Adjustment with regard to the property which is the subject of the application, the developer shall deposit with the Township an escrow deposit to be expended in accordance with this section which shall be established at an initial amount equal to fifty (50) percent of the amount required to be deposited under Paragraph D above. In the event the developer seeks to simultaneously amend the provisions of a preliminary and final action of the applicable Board, the deposit shall be the higher of the deposits provided for above in Paragraph D but the developer shall not be required to deposit an amount equal to the sum of the individual escrow amounts. The deposit shall, however, remain subject to the provisions of Paragraphs E through S inclusive, of this Article.

(Ord. No. 12-2012, § 1, 11-20-2012; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Upon final approval of any site plan and before a Building Permit may be issued, the developer shall deposit with the Township an amount equal two (2) percent of the cost of all site work not to exceed twenty thousand ($20,000.00) dollars, inclusive of public improvements, as estimated by the Township Engineer to cover costs incurred by the Township for inspection during construction of the site work.

B.

Upon final approval of any subdivision and before any work may be commenced in connection with such approval the developer shall deposit with the Township an amount equal to nine (9) percent of the estimated costs of all public improvements up to a total cost of $10,000.00 plus seven (7) percent of the cost of improvements between $10,000.00 and $50,000.00 and two (2) percent of the cost of public improvements in excess of $50,000.00, as such costs are estimated by the Township Engineer, to cover the cost incurred by the Township for inspection during construction of such improvements.

C.

All sums not actually expended shall be refunded to the applicant within ninety (90) days after the final inspection.

D.

There shall be no inspection fees for affordable housing units constructed under the terms of this Ordinance.

All payments or deposits required by the provisions of this Article shall be made by check or money order payable to the Township of Berkeley Heights. Application fees and escrow deposits shall be made by separate check.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

All application fees and escrow deposits set forth in this Article shall apply to applications before the Planning Board or the Zoning Board of Adjustment as appropriate.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Tax Map Revisions.

In addition to the application and escrow fees required by this Article, prior to the signing of the final map, deed, or site plan (as the case may be) for any major or minor subdivision or other development approval which results in the necessity for an amendment or revision to the Tax Maps of the Township, the applicant securing such approval shall submit a tax map revision fee, as outlined below, in the form of an escrow deposit into the account used for Escrow Fees under Section 17.11.2. Such deposits shall be utilized to pay the reasonable costs incurred for the review and revisions to the Township's tax map upon granting development applications and/or subdivision applications. Said fees outlined below shall be paid by check or money order payable to the Township of Berkeley Heights as outlined in Section 17.11.4.

1.

Minor subdivisions—$200.00 per lot created;

2.

Major subdivisions—$150.00 per lot created, not to exceed $4,500.00;

3.

Site plans (including, but not limited to, easements, rights-of-way, dedications, vacations, lease areas, or restricted areas)—$300.00 per encumbrance;

4.

Condominium/Townhouse plan—$200.00 per unit, not to exceed $7,500.00.

When submitting the required tax map fees for a development application, the applicant shall be required to submit to the appropriate Township official the applicable recorded documents, CAD files, and master deeds, when applicable.

B.

Utility Installations.

Prior to the signing of the final map, deed, or site plan (as the case may be) for any development application regulated by this Ordinance, the applicant for approval shall pay, to any utility company which shall be providing utility services to the site for which the Township will be responsible for all or any portion of the payment after construction (e.g. street lighting or fire hydrant service), any advance deposit, initial payment, or other fee which will, in accordance with an adopted policy of such utility company, result in a lower periodic service fee for such service.

(Ord. No. 5-2021, § II, 4-6-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

It is recognized that it may be in accordance with the purposes of the Municipal Land Use Procedures Ordinance of the Township of Berkeley Heights and the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) to permit activities for a limited period of time, under very specific conditions, which activities may be prohibited by other provisions of the aforesaid ordinance, if such uses are of such a nature and are so located that at the time of petition they would:

1.

Not exert a substantially detrimental effect upon the uses of land and activities normally permitted in the district in which the activity is proposed;

2.

Contribute materially to the good and welfare of the Township or its residents;

3.

Be temporary in nature and not substantially undermine the Township Master Plan and/or Land Development Ordinances, and

4.

Not substantially intrude into areas under Planning Board or Board of Adjustment control.

(Ord. No. 2-2014, § 1, 5-20-2014; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Any property owner in the Township may apply to the Township for a Special Use Permit. Applications for Special Use Permits shall be submitted to the Township Clerk, along with a non-refundable fee of $250.00 to cover administrative expenses, the same being non-refundable. Applications shall include the following information:

1.

Completed application form as provided by the Township, identifying the location by block and lot, street address, proposed date and time of the temporary use, event, or activity, estimated maximum attendance, and the specific proposed use on the property for which the application is made.

2.

Signed application by the property owner upon which the use, event or activity will take place.

3.

Escrow deposit as required pursuant to Section 17.12.3 herein.

4.

Plot Plan showing the layout of the use, event, or activity in detail.

5.

Any other information deemed necessary, directly related or reasonably relevant to the Special Use Permit.

The Township Council shall waive the fee or escrow deposit requirement for those tax-exempt organizations for fundraising events or activities at the Council's sole discretion.

(Ord. No. 2-2014, § 1, 5-20-2014; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The applicant for a Special Use Permit shall pay to the Township, at the time the application is filed, an escrow deposit of $1,000.00 to be held by the Township in an escrow account established for the purpose of covering the costs of professional services including engineering, planning, legal and other expenses connected with the review of the application. The escrow will be held and administered in accordance with the provision of Section 17.11.2 of the Township Municipal Land Use Procedures Ordinance and the governing State statutes. Upon written request and support thereof, the Township Council may waive the escrow deposit requirement for those tax-exempt organizations for fundraising events or activities at the Council's sole discretion.

(Ord. No. 2-2014, § 1, 5-20-2014; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

The applicant for a Special Use Permit to give notice of the application to the owners of all real property, as shown on the current tax duplicate, within two hundred (200) feet in all directions of the property which is the subject of such application. Said notice shall contain a designation of the property which is the subject of the application by lot and block and street address and shall contain a description of what use the applicant is requesting and also at what meeting the application will be heard (address, date, and time of meeting) and that the recipient of the notice shall have the right to be heard relative to the application. Notice shall be given by (1) serving of copy thereof on the property owner as shown on the said tax duplicate or his agent in charge of the property or (2) mailing a copy thereof by certified mail (return receipt requested) to the property owner at the address as shown on the said tax duplicate. Certified receipts of said mailing shall be provided to the Township Clerk prior to Council action. Uses, events or activities, including but not limited to such activities as street fairs or parades, covering multiple properties are subject to published notice only. The applicant shall also cause a copy of the aforesaid notice to be published in the official newspaper of the Township once at least ten (10) business days before the Township Council meeting at which the application will be heard. Proof of notice shall be submitted to the Township Clerk at least seven (7) days prior to the Township council meeting.

(Ord. No. 2-2014, § 1, 5-20-2014; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

Upon receipt by the Township Clerk, a complete Special Use Permit application shall be distributed to the following Township departments for review, recommendation, and any potential conditions prior to presentation to the Township Council:

1.

Tax Collector: to ensure all taxes and liens for the subject property are current, as non-payment of taxes may be a reason to deny the application.

2.

Police Chief: to ensure adequate traffic control, public safety measures and nuisances (such as noise) are addressed.

3.

Construction Official: to ensure all construction code requirements are met.

4.

Zoning Officer: to ensure compliance with zoning and property maintenance ordinances, all sign permits are current, sufficient parking and access, proper location and performance standards are met.

5.

Health officer: to ensure all health code requirements have been addressed and satisfied.

In addition to the above, the Township Council may refer such special use permit request to any Township agency, department, or board prior to its decision for additional review and comment; however, the Township Council shall not be bound by same.

(Ord. No. 2-2014, § 1, 5-20-2014; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

After review by the Township departments, the Township Clerk shall forward the application to the Township Council for review and approval. In the granting or denial of the application, in the Township Council's sole discretion, it may consider the following:

1.

The adequacy of provisions for public safety, including, but not limited to, fire prevention, crowd control, and emergency services. If applicable, compliance with the Township's off-duty police services ordinance.

2.

The adequacy of provisions for vehicular and pedestrian traffic control, including ingress and egress, parking, attendants, and temporary traffic signage.

3.

The adequacy of provision for food handling, solid waste and sanitary sewerage or temporary sanitary/restroom facilities.

4.

The sufficiency of insurance for the event or activity.

5.

The factors identified in Section 17.12.1.

6.

Any other measures necessary to protect the public health, safety, and welfare.

B.

The Township Council may impose reasonable conditions on the issuance of any Special Use Permit including, without limitation, the posting of adequate surety and the reimbursement of expenses incurred by the Township.

(Ord. No. 2-2014, § 1, 5-20-2014; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

After public hearing on the application, the Township Council, in its sole discretion, may grant or deny the Special Use Permit for the requested activity. The Township Council shall limit the time period for which the special use permit shall be valid and shall impose any conditions upon the special use permit which it deems appropriate. An approved Special Use Permit shall be dated, signed, and issued by the Township Clerk after action taken by the Township Council, provided any conditions precedent imposed by the Township Council have been met. The Special Use Permit shall specifically state any and all special conditions imposed by the Township Council.

B.

If an application is denied, the Township Clerk shall state the reason(s) for such denial in writing and [such shall be] given to the applicant within seven (7) days of the Township Council's decision.

C.

If granted, all sites shall be completely cleaned of debris and temporary structures including, but not limited to: trash receptacles, signs, stands, poles, electrical wiring or any other fixtures and appurtenances or equipment connected therewith within twenty-four (24) hours after the event or activity.

D.

The holding of a use, activity or event which is subject to the requirements of a permit as set forth herein without obtaining such a permit shall constitute a violation of this Section.

E.

Violations: Any violation of the provisions of this Article 17-12, occurring prior to or during the event, shall be subject to a revocation or non-issuance of its permit for such event by the enforcement officers. In the case of the revocation of a permit or violation of the rules, regulations or conditions provided herein where a permit is required, the enforcement officers may order an immediate cease and desist of the event. In addition, thereto, any violation of this section by the organizer of an event to which this section pertains shall subject such violator, upon conviction, and at the court's discretion, to a fine not to exceed $500.00 for each such violation.

(Ord. No. 2-2014, § 1, 5-20-2014; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)