Berkeley Heights City Zoning Code

No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, or enlarged, or rebuilt nor shall any land be designed, used, or intended to be used for any purpose other than those included among the uses listed as permitted in the applicable zone except as may be specifically permitted in Part 8 of this Ordinance. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, building to building dimensions, percentage of impervious coverage, off-street parking space, shared parking provisions, and such other regulations designated in the Schedule of General Regulations and other provisions of this Ordinance for the zone in which such building or space is located.

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

A.

Number of Buildings on Lot. Not more than one (1) principal building shall be erected on a lot used for residential purposes in the R-20, R-15, R-15A or R-10 Residential zones. In all other zones, more than one (1) principal building may be erected in accordance with all applicable use and bulk requirements for the zone.

B.

Frontage. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the standard details and design criteria of Berkeley Heights.

C.

Creation of a New Lot. Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to impair any of the requirements of this Ordinance with respect to the existing building and all yards and other open spaces in connection therewith. No permit shall be issued for the erection of a new building on the new lot thus created unless it complies with all the provisions of this Ordinance.

D.

Building Height. No building or portion thereof shall exceed the height limitations listed in the Schedule of General Regulations (Section 6.1.1B) except for customary rooftop appurtenances, including but not limited to elevator bulkheads and mechanical equipment, subject to the following requirements:

a)

Parapets, louvers, architectural screens or other similar screening or enclosure shall be provided to shield the appurtenances from view.

b)

The aggregate area of rooftop appurtenances, including all areas located within a screen or enclosure as required above, shall not exceed ten (10) percent of the total area of the roof of the building.

c)

No appurtenance, nor associated screen or enclosure, shall extend more than ten (10) feet above the surface of the roof of the building.

d)

Appurtenances and associated screens and enclosures shall be appropriately setback a minimum of ten (10) feet from any property line fronting on a street and a minimum of five (5) feet from other property lines.

E.

Accessory Buildings. An accessory building attached to the main building shall comply in all respects with the requirements of this Ordinance applicable to the main building.

F.

Accessory Buildings on Corner Lots. When the rear yard of a corner lot adjoins the front yard of a lot to the rear of the corner lot, no accessory building on such corner lot shall be located nearer to the street line of the street on which the lot to the rear faces than a distance equal to the depth of front yard required along such frontage.

G.

Required Yard or Open Space. Except as specifically permitted in the DD, HB-2, HB-3, DH-12, DH-18, DH-24, AH-1, AH-3, AH-4, AH-5, AH-6, AH-7 and MU zones, no yard or other space provided about any buildings for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building. No yard or other open space on any lot shall be considered as providing a yard or open space for a building on any other lot. Notwithstanding the aforementioned, no variance from the front yard setback requirements of the Land Development Ordinance shall be required for an open porch attached to an existing detached single-family dwelling, provided that the following conditions are met:

a)

The porch shall be an open porch as defined in Section 2.1.1 of the Land Development Ordinance.

b)

The porch shall not protrude more than five (5) feet into a minimum required front yard for the zone in which it is located.

H.

Frontage on Corner Lots. In all zones except the Downtown Development, Downtown Housing, Attached Housing, and R-15A Zones, corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, and the minimum side yard requirements for one (1) yard in that zone must be maintained, and corner lots shall have at least twenty (20) percent more frontage and ten (10) percent more lot area than that required for interior lots. In the Attached Housing Zones the minimum front yard requirements shall not be increased beyond the requirements of Section 6.1.1B of this Ordinance and shall be applied to that yard adjacent to the more major street or in the event of two (2) equivalent streets to the yard with the greater street frontage. The second street frontage shall be considered a side yard. There shall be no increased lot area requirement applied in the Attached Housing Zones or in the R-15A Zone. In the R-15A Zone one frontage shall be a minimum of one hundred (100) feet and the two shall have a combined minimum of one hundred eighty (180) feet.

I.

Excavations. No excavation on any lots is permitted, unless a building permit is first secured, except pursuant to the ordinance entitled, "Soil Removal Ordinance of Berkeley Heights."

J.

Accessory Structure Height. No accessory structure or portion thereof shall exceed the maximum height of the principal building permitted by the Schedule of General Regulations except for those structures permitted within the public right-of-way or public utility structures used to support electric or telephone transmission lines.

J.

Mount Laurel Developer's Agreements: To the extent that any provisions of the Municipal Land Use Procedures Ordinance or any other municipal ordinance or regulation of the Township conflicts with any provision of any Developer's Agreement entered into by the Township respecting development adopted by reference and incorporated into the terms of the Township's current Judgment of Compliance and Repose Order or Substantive Certification from the Council on Affordable Housing ("COAH"), the provisions of said Developer's Agreement shall control as if fully set forth at length herein.

(Ord. No. 11-2010, § 4, 8-10-2010; Ord. No. 2-2021, §§ 3, 4, 3-2-2021)

Fences and walls shall not be located in any required sight triangle and shall not be higher than five (5) feet unless setback from the lot line a minimum of a distance equal to their height except that there shall be no height limitations other than the maintenance of a clear sight triangle on living fences and fences around utility and industrial uses. A zoning permit is required for all fences and walls.

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

All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No re-grading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on-site or on adjacent properties, or which will violate the provision of the Soil Erosion and Sedimentation Control Act, or the Soil Removal Ordinance of Berkeley Heights. Grading shall be subject to the approval of a lot grading plan and topographic survey of existing, pre-construction conditions submitted pursuant to Section 3.1.12, "Lot Grading Plan and Topographic Survey," and post-construction as-built surveys pursuant to Section 3.1.13, "As-Built Surveys." Any topsoil disturbed during approved excavation and grading operations shall be re-distributed throughout the site.

(Ord. No. 33-2023, § I(Exh. 1), 12-19-2024; Ord. No. 2025-35, § I, 12-16-2025)

Where two (2) or more adjoining lots are under the same ownership, and should one (1) or more of said lots not conform with the minimum area and/or dimension requirements for the zone in which it is located, the lots shall be considered as a single lot and the provisions of this Ordinance shall hold.

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

Temporary buildings shall be permitted for uses incidental to construction work provided that such buildings are removed upon completion or abandonment of the construction work.

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

In addition to complying with all requirements for swimming and wading pools in the Swimming Pool Ordinance and Article XV, Sanitary Code Ordinance, all swimming and wading pools, including appurtenances thereto or structures used in conjunction therewith, including but not limited to, walkways, decks, and platforms, shall meet the following minimum requirements:

A.

Side Yards. The exterior of the walls, appurtenances and structures of swimming and wading pools shall be not less than twelve (12) feet from either side lot line. Outdoor pools shall also be setback a minimum of five (5) feet from any building on the lot.

B.

Rear Yards. The exterior of the walls, appurtenances and structures of swimming and wading pools shall be not less than twelve (12) feet from the rear lot lines.

C.

Front Yards. Swimming and wading pools are prohibited in front yards.

D.

Height. No swimming pool, wading pool, or appurtenances thereto, nor any structures used in conjunction with the pool, including, but not limited to, decks, walkways, or platforms, shall exceed fifty-four (54) inches in height above the existing grade at the pool site.

E.

Permanence. All swimming pools as heretofore defined shall be considered as permanent pools and shall conform to all the provisions of this Ordinance. Any wading pools, as heretofore defined, shall be considered as temporary and shall comply with the regulations and provisions of this Ordinance, but shall be removed and the premises on which they are located restored to a safe condition not later than October 1 of each year, and said wading pools shall not be placed in operating location or condition before May 1 of each year.

F.

Enclosure. Every outdoor swimming pool, before being filled with water, shall be completely surrounded by a fence or wall not less than four (4) feet in height, which fence or wall shall be so constructed as not to have openings, holes, or gaps larger than four (4) inches in the shortest dimension except for doors and gates. Principal or accessory buildings may be used as part of such enclosure. All gates or door openings through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when the swimming or wading pool is not in actual use or is not attended, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

G.

Shielding Lights. Lights used to illuminate any swimming or wading pool shall be so arranged and shaded so that no direct light from the light fixture can be seen from adjacent properties.

H.

Applicability. The requirements of this Ordinance shall be applicable to all new swimming or wading pools hereafter constructed, other than swimming pools associated with Hotel and/or Fitness Center uses in the OR-B Zone and indoor pools, and shall apply to all existing pools. No person in possession of land within the Township either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming or wading pool, shall fail to provide, and maintain such fence or wall, as provided in Subsection F.

I.

Capacity. Any swimming pool constructed above the existing grade shall not exceed the maximum capacity of fourteen thousand (14,000) gallons of water.

J.

Coverage. In-ground pools and surrounding concrete or paved areas shall be counted as impervious coverage.

J.

Permits.

1.

Any person or persons shall, prior to construction of a swimming pool, except swimming pools associated with Hotel and/or Fitness Center uses in the OR-B and/or MU zones, obtain a swimming pool permit from the Building Department by making application and by furnishing the following information on forms supplied by the Building Department:

a.

Plan of pool construction including all appurtenances and structures.

b.

Dimensions of the pool including all appurtenances and structures.

c.

Capacity of pool in gallons when full.

d.

Distance from side yards and rear lot lines.

e.

Height, including all appurtenances and structures at existing grade level at the pool site.

2.

Upon meeting all the requirements of this Ordinance and payment of the established permit fees prescribed in the Building Code Ordinance, the Construction Official shall issue the permit.

3.

In the event issuance of a permit is refused for non-compliance with this Ordinance by the Construction Official, or, in the event the applicant shall desire to deviate from the foregoing Ordinance, he shall apply to the Zoning Board of Adjustment, by proper application, for relief, subject to the rules and regulations and public hearing of that body.

(Ord. No. 8-07, § 1(d), 3-27-2007; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

All decks permitted pursuant to this Section may have a minimum rear yard setback less than that specified in the Schedule of General Regulations, Article 6.1.1 for Principal Buildings, provided, however, that such decks (or the portion thereof not complying with the setback for principal buildings) shall not exceed three hundred (300) square feet in area in the R-10 zone or exceed four hundred (400) square feet in area in the R-15, R-15A, and R-20 zones. Decks in the AH Zones shall not exceed four hundred (400) square feet in area. Area limitations shall not apply to decks (or the portions thereof) complying with the setback requirements for principal structures.

Decks permitted by this Section shall conform to all side yard setback lines and shall be required to have a minimum twenty-five (25) foot rear setback in the R-10 zone and a minimum thirty (30) foot rear yard setback in the R-15, R-15A, and R-20 zones. Decks in the AH zones shall have a minimum setback of twenty-five (25) feet from all property lines.

Platforms may be permanent or temporary and may be provided with an open or enclosed railing as may be necessary for the safety of the occupants, such railing not to exceed four (4) feet in height from the floor of the deck or platform. The floor of any platform or deck (or portion thereof) which does not comply with the rear yard setback requirements of the Schedule of General Regulations, Article 6.1.1 for Principal Buildings shall not exceed four (4) feet above the ground level at any point beyond such rear yard setback line. The floor of any deck or platform which complies with the setback requirements for principal building may be higher than four (4) feet but shall not be higher than the floor level of the uppermost level of the dwelling used for living purposes.

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

A.

All Airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" C. 260, P.L. 1983 (c.6:1-80 et seq.) shall be administered under standards promulgated by the Commissioner of Transportation.

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

A.

Dish Antenna is a permitted accessory use in all zones except the DD, HB-2, and HB-3 zones, provided the received signals are for exclusive use on the lot where such antenna is located. Such use is subject to the submission of an appropriate application and fee to the Township Construction Official. In the OR and MU Zones, received signals may service adjacent lots, provided however, that such use is for the occupants of the buildings on such lots.

B.

An application for construction of a Dish Antenna shall be accompanied by a drawing to a scale of not less than one (1) inch to twenty (20) inches indicating the size, height, location, and structural elements thereof.

C.

Dish Antennae shall be screened from view from adjoining properties or public rights-of-way by plantings, existing vegetation, fences, or other visual barriers at least six (6) feet high, it being the intent of this Ordinance that such screening mask the view of such structure without unreasonably interfering with its function. No roof installations shall be permitted in any zone except the OR, MU and LI Zones provided they comply with this Part.

(Ord. No. 2-2021, § 3, 3-2-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Purpose

The purpose of this ordinance is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural topography and drainage patterns of land.

B.

Applicability

This ordinance shall be applicable to any major subdivision, minor subdivision or site plan application as defined in the Municipal land use law or any project as defined by the Soil Erosion and Sediment Control Act located within the Township. The provisions of this ordinance shall also apply to any land disturbance. Land disturbance for the purpose of this ordinance shall mean any activity involving the clearing, cutting, excavation, grading, filling, storing, transporting of land or any other activity which causes land to be exposed to the danger of erosion.

C.

Requirements

1.

On slopes of twenty-five (25) percent or greater, no development, re-grading or stripping of vegetation shall be permitted unless the disturbance is for roadway crossings or utility construction and it can be demonstrated that the roadway or utility improvements are necessary in the sloped area. The sloped area to be developed, re-graded or stripped of vegetation shall be drawn on the development plans.

2.

Site design and grading on slopes greater than fifteen (15) percent shall provide the minimum disruption of view corridors and scenic vistas and shall preserve significant natural topographic features to the greatest extend possible.

D.

Site Plan Requirements

For all earth moving activities on slopes of fifteen (15) percent or greater, the Applicant shall submit a site Plan prepared by a Professional Engineer which includes at a minimum the following:

1.

Slopes in classes of 0-14.9%, 15-25% and greater than twenty-five (25) percent based on ten (10) foot contour intervals.

2.

Location of all water bodies including, but not limited to streams, lakes, and wetlands.

3.

Existing natural and topographic features.

4.

Location of all proposed and existing buildings and streets.

5.

Location of all existing vegetation including meadow, forest and scrub lands broken down by those areas of vegetation which will be removed as well as vegetation to be preserved; specifications for re-vegetation shall also be included.

6.

Specific methods which will be utilized to control soil erosion and sedimentation, soil loss and excessive stormwater runoff both during and after construction.

7.

A statement and description of the stability of the soils on-site and the appropriateness of the construction method proposed.

8.

Hydrology, drainage, and flooding analysis to include a statement on the affect of the proposed development upon water bodies or wetlands in the vicinity of the project.

9.

A statement describing the underlying geology attesting to the stability of the site.

10.

Calculations of the area of proposed disturbance of each slope class on each proposed lot as well as within any proposed road right-of-way.

11.

Grading plan for the construction site and all access routes.

The site plan submitted shall be reviewed by the Township Engineer. The Township Engineer shall accept or reject the plan as submitted or may require that specific conditions be complied with in order for the plan to meet approval.

No building permit shall be issued and no grading or site clearing shall occur until a site plan including all of the above items has been reviewed and approved by the Township.

E.

Performance Standards

All development proposals which propose development on steep slopes shall conform to the following performance standards:

1.

Lands to be preserved in one hundred (100) percent open space due to the presence of steep slopes may be offered for dedication to the Township, a private land trust or a non-profit agency in order to preserve and maintain the area in its natural state.

2.

The use of conservation easements on steep slopes shall be encouraged to preserve the area in perpetuity.

F.

Grading Standards

1.

Excavations and fills.

a.

Cut and fills shall not endanger adjoining property.

b.

The top or bottom edge of cut or fill slopes shall generally be setback from adjacent property lines or street right-of-way lines in order to permit the normal rounding of the edge without encroaching on the abutting property or street.

c.

Cut and fill slopes shall not be steeper than two (2) horizontal to one (1) vertical (2H:1V) unless stabilized by a retaining wall or cribbing.

d.

Fill shall be placed and compacted so as to minimize sliding or erosion of the soil.

e.

No fill shall be placed over trees, stumps or other material that could create a hazard.

f.

Fills shall not encroach on natural watercourses or constructed channels.

g.

Fills placed adjacent to natural watercourses or constructed channels shall have suitable protection against erosion during periods of flooding.

h.

No grading, cuts, fills or resulting slopes shall occur within public Township rights-of-way without the appropriate right-of-way permit and compliance with the standard Township details for construction within rights-of-way.

i.

During grading operations, necessary measures to prevent erosion and to control sediment deposition from occurring onto adjacent properties shall be exercised.

j.

During grading operations necessary measures for dust control shall be exercised.

k.

No permit shall be issued for the filling of land with materials other than clean soil or earth. Fill composed of or containing solid waste shall not be permitted within any property within the Township.

l.

Topsoil shall be placed over the top and exposed surfaces of the excavation or fill to a depth of not less than six (6) inches and sufficient to conceal all materials and rocks within the fill.

m.

Existing on-site topsoil shall not be removed from the property. Imported topsoil shall be approved by the Township Engineer.

n.

Notice to adjacent property owners. Before commencing any excavation or fill which will affect an adjoining property or structures thereon, the person making or causing the excavation or fill to be made shall give written notice to the owners of said adjoining properties or structures not less than fourteen (14) days prior to the date such excavation is to be commenced.

2.

Drainage

a.

Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

b.

All lots, tracts or parcels shall be graded to provide proper drainage of surface water away from buildings and dispose of it without unwanted ponding or other ponding, except where approved, such as for retention basins.

c.

All drainage provisions shall be of such design as to adequately handle the surface runoff and carry it to the nearest suitable outlet, such as a street, storm drain or natural watercourse. Where damage swales are used to divert surface waters away from buildings and around properties, they shall be of such slope, shape, and size as to convey the ten (10)-year storm within its banks. All swales shall be sodded or planted in accordance with good soil erosion control practices.

d.

Concentration of surface water runoff shall only be permitted in swales or watercourses where it can be directed into an acceptable discharge point.

e.

No more than two (2) upstream lots shall be permitted to drain into one (1) swale. Inlets and piping within private easements shall be utilized when the number of lots draining to a single swale system exceeds three (3).

f.

Where a swale system drains to an inlet in an area that has no overland relief, the inlet and pipe system shall be designed to convey the twenty-five (25) year storm.

g.

Swales shall not be permitted within the usable recreational portions of side and rear yards and shall generally follow common lot lines.

h.

Swales shall not be permitted along the tops of retaining walls without adequate design and protection of said retaining wall.

i.

Existing surface drainage patterns and directions of surface flow, including onto properties of other landowners, shall be preserved, and maintained. Grading shall not be done in such a way as to redirect or divert water from an existing different direction onto the property of another landowner without the expressed written consent of the affected landowner.

j.

Existing or established swale systems or courses shall not be blocked, narrowed, moved, or redirected without the expressed written consent of all the landowners involved who depend on said swale system for their surface drainage disposal. Retaining walls, pools, shed and like structures shall not be constructed within established swales.

3.

Retaining walls.

a.

Retaining walls shall not endanger adjoining properties.

b.

Retaining walls must be constructed in accordance with sound engineering practice, including proper backfill material and adequate wall drainage facilities to prevent hydrostatic buildup. A building permit as provided for by other Township regulations shall be required for walls over four (4) feet high and shall be designed and certified by a professional engineer. Tiered walls shall be designed for increased or surcharge loading of the upper tier onto the next lower tier.

c.

Retaining walls shall be constructed of materials permitted by the Uniform Construction Code, except that boulder-type walls shall utilize close-fitting angular blocks of stone and shall be limited to eight (8) feet in face height.

d.

Footings, deadmen, tiebacks or geo-grids shall not extend into adjoining properties or easements without the express written consent of the affected landowner.

e.

Protective fencing or other safety devices shall be installed along the tops of retaining walls in accordance with the Uniform Construction Code.

f.

No portions of any retaining wall shall be permitted within a Township right-of-way or public easement unless the Township Mayor and Council approves an encroachment agreement.

4.

Protection of trees.

a.

Trees that are not to be removed or destroyed as part of the grading operation shall be protected from damage to their roots, trunks, and branches. Physical barriers and safeguards shall be employed as necessary to assure the protection of said trees.

b.

The existing natural grade at the base of a tree that is not to be removed or destroyed shall not be altered within its drip line.

c.

The roots of trees that are not to be removed or destroyed shall not be indiscriminately cut or torn by digging equipment for trenches, slopes or retaining walls as part of the grading operation.

d.

Trees eight (8) inches or greater in caliper that are to be removed or destroyed shall be replaced pursuant to the provision of the Township's Tree Ordinance.

5.

All lands located in the MU, OR-B, OR and OL Zones are exempt from Section 3.1.11 subject to the following:

a.

No proposed grading, site clearing, tree removal or soil disturbance of an area two hundred (200) square feet or greater shall occur prior to the land owner obtaining a Site Plan or Subdivision Approval as specified in the Township of Berkeley Heights Municipal Land Use Procedures Ordinance.

b.

A Buffer and Landscaping Plan shall be approved by the Planning Board satisfying the conditions established in Section 10.6.3 Buffers and Landscaping and the requirements of the Tree Removal Chapter of the Code of the Township of Berkeley Heights.

c.

An Environmental Plan shall be approved by the Planning Board satisfying the condition established in Section 10.4.7 Environmental Plan.

d.

All requirements of Ordinance No. 30-04 "Trees" of the Code of the Township of Berkeley Heights shall be satisfied.

G.

EXEMPTIONS

Land development plans which were approved prior to the adoption date of this ordinance shall be exempt from these requirements.

(Ord. No. 6-07, § 1, 2-13-2007; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Applicability. In order to provide against the adverse consequences of uncontrolled surface water drainage and to prevent soil erosion and control sediment deposition associated with land disturbance including but not limited to construction activities, a lot grading plan and topographic survey of pre-construction conditions shall be submitted and approved prior to the issuance of a construction/zoning permit for the following activities:

1.

The erection of any new structure, any addition, repair or renovation to an existing structure involving an extension of the foundation of the existing structure, any of which is not shown upon an approved site plan; or

2.

Any of the following activities:

(a)

Land disturbance that changes the elevation of the property; or

(b)

Land disturbance except for the purposes of sod replacement, greater than five hundred (500) square feet; or

(c)

Land disturbance of less than five hundred (500) square feet if the project affects any critical areas; or

(d)

Land disturbance within five (5) feet of the property line that impacts drainage.

3.

The demolition of a structure if the land disturbance beyond the footprint of the structure exceeds five hundred (500) square feet (excluding the square feet of the structure).

B.

Waiver.

1.

The Township Engineer may grant a waiver from the requirements of this subsection with respect to an addition to a single-family dwelling if the Township Engineer determines that the addition involves less than five hundred (500) square feet of impervious coverage, does not affect any steep slopes or critical areas, and does not require any significant changes in the existing grading of the lot. Any such determination shall be made upon the basis of the construction plans and such further information as may be requested from the owner of the property by the Township Engineer.

C.

Lot grading plan and topographic survey details. Prior to the approval of a construction permit, the applicant shall submit a topographic survey and a lot grading plan. The topographic survey shall show the current existing contouring of the land and shall be reviewed and approved by the Township Engineer. The lot grading plan shall show the existing and proposed contouring of the land, along with the proposed final grading of the lot, and shall be reviewed and approved by the Township Engineer in accordance with the provisions of this subsection and more specifically as follows:

1.

Prior to the issuance of a Temporary Certificate of Occupancy/Certificate of Occupancy, the applicant shall be required to submit full as-built surveys of the project constructed, signed and sealed by a licensed Professional Land Surveyor, which must include but is not limited to the contours of the newly shaped lot(s).

2.

The lot grading plan shall be prepared by a professional engineer licensed in New Jersey and shall be certified by a licensed surveyor. The lot grading plan shall be drawn to a scale of not less than one (1) inch equals thirty (30) feet, but may be supplemented by a key map of smaller scale, and shall be prepared in sufficient detail to show the following:

(a)

The existing surface drainage pattern as it affects the subject property and all abutting land; Existing drainage areas of stormwater runoff onto the subject lot shall be fully illustrated on the Lot Grading Plan.

(b)

The elevation of the street at each limit of the frontage of the subject property and a permanent feature such as a manhole rim or set corner or similar structure;

(c)

The location of any existing streams, wetlands, wetland buffers, watercourses, riparian buffers ponds, storm sewers or drainage facilities which relate to drainage of surface waters from or to the subject property;

(d)

Any proposed storm sewers, ditches or other drainage facilities which will receive surface waters from or to the subject property;

(e)

The proposed location of all surface and subsurface structures for which a construction permit is being sought;

(f)

Residential garages shall conform to Section 6.3.10.

(g)

The proposed location of all roof leader drains, driveways, dry wells, underdrains, utility lines below ground and any individual sewage disposal system; all underground structures and piping either proposed or existing shall be illustrated on the lot grading plan.

(h)

The outer limits of all areas in which any grading or filling is proposed on the subject property;

(i)

Any proposed changes in the existing surface drainage pattern which will result from the construction proposed for the subject property including any proposed changes on abutting lands;

(j)

All existing trees with trunks exceeding five (5) inches in diameter measured at a point four (4) feet above the existing ground level, which trees are located within the outer limits of the areas mentioned in Subsection Cl(h) above as well as within ten (10) feet of the outer limits of any such areas.

(k)

Topography reflecting contours at two-foot intervals and identifying slopes in the following ranges: Less than 15%, 15% to 20%, 20% to 25%, and 25% and greater land disturbances shall conform to the requirements of the steeply sloping terrain (Section 3.1.11).

(l)

Top of wall and toe of wall elevations of all proposed retaining walls shall be clearly delineated at regular intervals on the plan. Retaining walls shall conform to the requirements set forth in (Section 3.1.11). Retaining walls that involve placement of fill in floodways shall meet the requirements of Section 15.28.050(C)(1) of the Township Code and N.J.A.C. 7:13.

(m)

A letter of interpretation (LOI) from the New Jersey Department of Environmental Protection (NJDEP) shall be obtained if wetlands or wetlands buffers are present on the subject property.

(h)

Appropriate storm drainage facilities shall be provided for protection of downstream properties.

(o)

Any proposed building or structure or attendant protective measures will not impede the flow of surface water through any watercourse. Only a nominal increase in water surface elevation and velocities will be allowed due to construction.

(p)

Any proposed vehicular facilities, including roads, drives or parking areas, shall be so designed that any land disturbances shall not cause erosion. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

(q)

Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.

(r)

All cuts shall be supported by retaining walls or other appropriate retaining structures when, depending upon the nature of the soil characteristics, such structures are found necessary in order to prevent erosion.

(s)

Upon installation of roofing material on a structure, temporary gutters and downspouts should be immediately installed and connected to the drywells, pending installation of any permanent gutters.

(t)

For all lots with proposed disturbance of a steep slope area, the design standards for disturbance of steep slopes shall conform with Section 3.1.11.

D.

Fees. Four (4) copies of each required lot grading and topographic survey plan shall be filed with the Township Engineer, together with an application fee as determined below:

1.

$1,000 for a lot grading plan that involves a new or substantially improved principal structure. This fee includes a preliminary site visit, initial review plus one (1) revision, and two (2) site inspections during construction and final inspection for obtaining Temporary Certificate of Occupancy (TCP) of Certificate of Occupancy (CQ). Additional inspections needed as a result of more plan changes will trigger additional charges of fifty dollars ($50.00) per substantive revision.

2.

$400 for an addition to an existing structure, accessory structure or land disturbance of over five hundred (500) square feet. This fee includes a preliminary site visit, initial review plus one (1) revision, and two (2) site inspections during construction and final inspection for obtaining Temporary Certificate of Occupancy (TCO)of Certificate of Occupancy (CQ). Additional inspections needed as a result of more plan changes will trigger additional charges of fifty dollars ($50.00) per substantive revision.

3.

In addition to standard lot grading fees, all applications proposing to disturb steep slopes shall also pay an inspection fee for Township officials to monitor construction activities. The initial inspection fee shall be zero dollars and twenty-five cents ($0.25) per square foot of steep slope disturbance. Any violations of the approved lot grading plan may result in additional inspection fees being imposed.

4.

All fees - including those required for additional inspections - shall be paid to the Township prior to the issuance of a certificate of occupancy for the new structure or within thirty (30) days upon the Township's receipt of the costs incurred.

5.

Engineering and legal costs incurred by the Township in addressing or resolving violations of this section shall be paid to the Township by the applicant in accordance with contractual prevailing rates with the Township. Payment of costs shall be made within thirty (30) days upon the Township's receipt of the costs incurred.

E.

Review by Township Engineer. The lot grading plan shall be filed with the Township Engineer.

F.

Subsurface sewage disposal system plan required. In the event that the property subject of the lot grading plan will be served by an individual subsurface sewage disposal system, then a complete plan for the system shall be submitted to the Township Engineer along with the proposed lot grading plan. In reviewing the proposed lot grading plan, the Township Engineer shall consider not only the impacts which the lot grading plan may have upon the proper functioning of the individual subsurface sewage disposal system but also any surface drainage impacts which the system, especially a system with a mound disposal field, may have upon surface drainage on the subject property and abutting lands.

G.

Standards for approval. The Township Engineer shall not approve a lot grading plan or revised plan unless the Township Engineer determines that the plan is designed to control surface waters in a manner that will minimize the adverse effects of such waters upon the subject property and abutting lands. In addition, a lot grading plan shall not be approved unless the following conditions are met:

1.

Driveway shall comply with Section 20.3.7, and shall not exceed fifteen (15) percent, except that under unusual conditions and for short distances the Township Engineer may approve grades not exceeding eighteen (18) percent, provided the average centerline grade of the driveway does not exceed fifteen (15) percent.

2.

There shall be no change in existing grade that raises the elevation of the lot within five (5) feet of a property line. Furthermore, there shall be no change in existing grade, which raises any portion of the lot within fifteen (15) feet of a property line to an elevation that is more than four (4) feet above the existing ground level at the property line. Any new grade shall be at an even slope with the toe of the slope at the ground level which exists at five (5) feet inside the property line; provided, however, that, when necessary, swales shall be created in order to control surface waters in a manner that will protect abutting lands.

3.

Retaining walls shall conform to Section 3.1.11, and Retaining walls that involve placement of fill in floodways shall meet the requirements of 15.28.050(C)(1) of the Township Code and N.J.A.C. 7:13. Distances from property lines shall be measured at right angles to straight portions and radial to curved portions.

4.

Grades steeper than one (vertical) to three (horizontal) should be avoided. In cases where these grades are unavoidable, provisions for soil stabilization, access and maintenance of those areas must be provided to the Township Engineer for approval.

5.

An area around the foundation of the building shall be graded downward according to the requirements of the New Jersey Uniform Construction Code.

6.

The lot grading plan complies with the terms and conditions of any development permit issued with respect to the lot pursuant to the provisions of Title 15 (Chapter 15.28, "Floodplain Regulations").

7.

Roof runoff from any roofed area shall be in accordance with the New Jersey Uniform Construction Code.

8.

On-site stormwater management. The applicant shall establish adequate measures for on-site stormwater management, including BMPs, meeting the following requirements:

(a)

The peak rate of the runoff from the site following completion of the development shall be reduced to fifty (50) percent and seventy-five (75) percent of the predevelopment rates for the two-year and ten-year storms, respectively. The post-development peak rate of runoff for the 100-year storm shall not exceed that which existed prior to development. Every practicable effort shall be made to minimize any increase in volume and to maintain and/or improve the quality of runoff which existed prior to development, Stormwater runoff rates and volumes are to be computed in accordance with Chapter 5 of New Jersey Department of Environmental Protection's Stormwater Best Management Practices Manual.

(b)

Maximum use shall be made of presently existing stormwater runoff control devices, mechanisms or areas such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands, floodplains, as well as any proposed retention structures,

(c)

The plans shall avoid the concentration of flow and shall provide for dissipation of velocities at all concentrated discharge points.

(d)

For calculating runoff and controls, the applicant may use the Soil Conservation Service Method or the Rational Method depending upon which is more appropriate in the particular instance. Computations shall cover the two-, ten-, and 100-year storm frequencies.

(e)

All outfalls are to be designed in a manner to slow velocities at the outfall and provide stream channel protection.

(f)

Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the watershed(s) of which it is a part. Surface water runoff shall not be transferred from one watershed to another.

(g)

The use of conservation restrictions is encouraged.

(h)

All water-carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.

(i)

Innovative stormwater runoff control and recharge devices, such as rooftop storage, drywells, cisterns, roof drain infiltration trenches, and rain gardens are encouraged provided they are accompanied by detailed engineering plans and performance capabilities.

(j)

Design and construction of drywells shall comply with New Jersey Department of Environmental Protection's Stormwater Best Management Practices Manual.

(k)

Nonstructural stormwater management strategies as are set forth in N.J.A.C. 7:8-1.1 et seq. shall be incorporated into the stormwater management plan whenever possible.

(l)

The Township's Standard soil erosion and sediment control notes shall be included in text form on the plan.

9.

No re-grading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on-site or on adjacent properties, or which will violate the provision of the Soil Erosion and Sedimentation Control Act, or the Soil Removal Ordinance of Berkeley Heights.

10.

If the lot grading plan contains a structural retaining wall, a copy of the structural calculations, signed and sealed by an engineer or architect licensed in the State of New Jersey shall accompany the plans. All structural retaining walls must also conform to the requirements of (Section 3.1.11, and Retaining walls that involve placement of fill in floodways shall meet the requirements of subsection 15.28.050(C)(1) of the Township Code and N.J.A.C. 7:13.

11.

For increases of impervious cover greater than five hundred (500) square feet, the minimum design and performance standards for groundwater recharge shall be as follows:

(a)

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain one hundred (100) percent of the average annual preconstruction groundwater recharge volume for the site; or

(b)

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.

12.

The lot grading plan shall fully comply with the Township's Tree Management Code in Chapter 12.16 of the Township Code. If applicable, a tree permit must be obtained.

13.

The lot grading plan shall fully comply with the Township's present code, Chapter 12.30 of the Township Code. As applicable, a road opening permit must be obtained for work within the municipal right-of-way.

H.

Completion of review. The Township Engineer shall approve or disapprove a lot grading plan or revised plan within twenty (20) business days after the plan or revised plan is submitted. If additional information is needed to completely evaluate the impact of the application, the Township Engineer shall notify the applicant. From the date the Township Engineer sends such notification until the date of response from the applicant, the time for completion of review of the application is tolled. The Township Engineer shall furnish a written statement of the reasons for disapproval. If the Township Engineer's written statement does not, in the opinion of the applicant, address their concerns, a review by the Township Administrator will be conducted to resolve any remaining issues concerning the application.

I.

Temporary measures. Whenever the Township Engineer considers it necessary or appropriate, he may require that a lot grading plan include temporary measures to be taken during the performance of any construction work to prevent adverse effects upon abutting lands.

J.

Violations. The failure of an owner of property to comply with an approved lot grading plan for such property, including any temporary measures to be taken during the performance of construction work, shall constitute a use of the subject property in violation of this section. If a notice of violation is issued the applicant shall submit an amended lot grading plan within ten (10) days of the notice. Failure to resubmit an amended lot grading plan within the specified timeframe shall result in an immediate stop-work order and void the lot grading plan approval. The amended plan shall identify the cause of the violation and revise the lot grading plan accordingly to prevent a reoccurrence of the violation. The amended plan shall be resubmitted regardless of the extent of the change required. The issuance of an amended plan shall void prior approvals.

K.

Adverse conditions. In the event that the Township Engineer determines that current conditions do not permit the completion of work to effectuate full compliance with a lot grading plan, The Township Engineer shall so state in the engineer's report and shall also set forth the following:

1.

All work remaining to be performed in order to effectuate full compliance with the lot grading plan;

2.

The estimated cost of each phase of the work to be performed; and

3.

The date by which all remaining work shall be completed.

L.

Performance bond. Notwithstanding any other provision of this section, the Township Engineer may issue an occupancy/zoning permit prior to full compliance with a lot grading plan if the Township Engineer received written evidence of the existence of a cash performance bond in the amount of the estimated cost effecting full compliance with the plan as determined by the Township Engineer, and if the Township Engineer receives a written statement from any contract-purchaser requesting the issuance of a certificate of occupancy pursuant to the provisions of this section. If a certificate of occupancy is issued for a property prior to full compliance with a lot grading plan and full compliance is not affected by the date set forth in the report of the Township Engineer, then continued occupancy of such property after such date shall constitute a use of such property in violation of this section.

M.

Notice to proceed. All SESC measures (silt fence, tracking pad, and all other approved measures) shall be installed prior to the start of any land disturbance. SESC measures must be inspected by a Township representative and a notice to proceed issued before the next phase of construction may commence.

N.

Inspections. Neither an occupancy/zoning permit nor a certificate of occupancy shall be issued for any property which is the subject of a lot grading plan until the applicant's engineer certifies in writing that the property conforms to the lot grading plan. The Township Engineer shall make an inspection and issue a report within five (5) days after notification of an application for a certificate of occupancy.

O.

Penalties for violations. Any person who violates any provision of this section shall upon conviction, be liable to the penalty stated in Chapter 1.08. Each day that a violation is permitted to exist or continue to occur shall constitute a separate offense.

(Ord. No. 2025-35, § II, 12-16-2025)

A.

As-Built Foundation Survey. Upon construction of the foundation, and prior to framing or other further construction, the applicant shall submit an "as-built" foundation survey to the Township Construction Official. The As-Built foundation survey shall show the following:

1.

Confirm the first-floor elevation of the building is within the eighteen (18) inches of the first-floor elevation as shown on said approved subdivision plat. If the property is not the subject of a grading plan on an approved subdivision plat, the as-built foundation survey shall confirm that the first-floor elevation is located within eighteen (18) inches of the elevation as shown on the lot grading plan.

The foundation as-built survey must demonstrate the applicant has complied with all applicable approvals and agencies having jurisdiction over same, i.e., size, location and conformance with setback requirements.

B.

As-Built Site Survey. Prior to the issuance of a Temporary Certificate of Occupancy/Certificate of Occupancy, the applicant shall be required to submit full as-built surveys of the pro ject constructed, signed and sealed by a licensed Professional Land Surveyor, which must include but is not limited to the contours of the newly shaped lot(s). The as-built site survey shall show:

1.

No re-grading of a lot has been conducted inconsistent with that of the lot grading plan submitted to the Township Engineer prior to construction. Also, confirm there shall be no negative effects to surrounding properties.

2.

Illustrate the as-built location of the drywells, rain guardians, or other drainage improvements, etc. Any exceptions shall be noted in the surveyor's certification.

No further construction shall be authorized unless the lot grading is consistent with the lot grading plan submitted to the Township Engineer pursuant to Section 3.1.12, "Lot Grading Plan."

C.

Certification by Surveyor Required. The As-Built surveys must be certified by a licensed surveyor, based on field inspections, and as necessary, laboratory tests, that the site is in full compliance with the approved lot grading plan and that permanent soil stabilization, including soil preparation, acceptable top soil and proper vegetative cover including compaction of fill meeting New Jersey Soil Erosion and Sediment Control Standards must be provided prior to final grading inspection. Any exceptions to the requirements of the approved lot grading plan shall be included in the certification.

D.

Violations. In the event the as-built surveys show changes in elevation different from the pre-construction plans submitted to the Township Engineer pursuant to Section 3.1.12, the owner of property shall be subject to a penalty as described herein.

E.

Penalties for violations. Any person who violates any provision of this section shall upon conviction, be liable to the penalty stated in Chapter 1.08. Each day that a violation is permitted to exist or continue to occur shall constitute a separate offense.

(Ord. No. 2025-35, § III, 12-16-2025)