Berkeley Heights City Zoning Code

Editor's note— Ord. No. 2026-04, § 1, adopted March 3, 2026, repealed Art. 4.7, §§ 4.7.1—4.7.10, which pertained to affordable housing development fees. See Code Comparative Table for full derivation.

A.

Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled and held no less often than once a month.

B.

Special meetings may be provided for at the call of the chairman or on the request of any two (2) Board members, which meetings shall be held on notice to its members and the public in accordance with all applicable legal requirements.

C.

No action shall be taken at any meeting without a quorum being present.

D.

All actions shall be taken by majority vote of the members of the municipal agency present at the meeting except as otherwise required by C. 291, P.L. 1975 and C. 216, P.L. 1979.

E.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, C. 231, Laws of N.J. 1975. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of C. 291, P.L. 1975.

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

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, topics discussed, the action taken by the Board, the findings, if any, made by it and reasons, therefore. The minutes shall, within ten (10) days after approval by the Board, thereafter, be made available for public inspection during normal business hours at the office of the Township Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a fee for reproduction of the minutes for his use as provided for by the rules of the Board.

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

Fees for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which is not otherwise provided by ordinance may be provided for and adopted as part of the rules of the Boards and copies of said rules or of the separate fee schedule shall be available to the public.

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

A.

Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of their hearings provided that such rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this Ordinance.

B.

Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths or affirmations and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law" C. 1938, P.L. 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.

C.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer based upon reasonable limitations as to time and number of witnesses.

D.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial, or unduly repetitious evidence.

E.

Records.

1.

Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense.

2.

The municipal agency in furnishing a transcript of the proceedings to an interested party at his expense shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.

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

Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:

A.

Public notice shall be given by publication in the official newspaper of the Township at least ten (10) days prior to the date of the hearing.

B.

Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located within two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which applicant's land is located. Such notice shall be given by: (1) serving a copy thereof on the owner as shown on the said current tax duplicate or his agent in charge of the property or (2) by mailing a copy thereof by certified mail to the property owner at his address as shown on the current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation.

C.

Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Section 4.3.1.B of this Article to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises.

D.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within two hundred (200) feet of a municipal boundary.

E.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

F.

Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to Section 6b of C. 291, P.L. 1975.

G.

All notices hereinabove specified in this Section shall be given at least ten (10) days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the board holding the hearing on the application for development.

H.

Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.

I.

Form of Notice. All notices required to be given pursuant to the terms of this Ordinance shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.

J.

Notice to the Commissioner of Transportation, Director of the Division of State and Regional Planning, Clerk of adjoining municipality, County Planning Board is required only when public notice is required for hearing for an application for development by this Ordinance.

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

Pursuant to the provisions of N.J.S.A. 40:55D-12C, the Administrative Officer, upon written request of an applicant shall, within seven (7) days after receipt of the request therefore, make and certify a list from the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice within two hundred (200) feet of any property which is subject of an application for development to the Planning Board or Zoning Board of Adjustment pursuant to Article 4.3 of this Ordinance. A sum not to exceed $0.25 per name, or $10.00, whichever is greater, shall be charged for such list.

For the purpose of Section 4.4.1 only, the Administrative Officer shall be the Tax Assessor.

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

A.

If an application concerns a subdivision or site plan, the applicant shall produce a map indicating the two hundred (200) foot radius surrounding the property, indicating the block and lot numbers.

B.

On other applications, the Township Engineer shall establish the block and lot numbers within the two hundred (200) foot radius of the subject property.

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

At the request of the Developer, the Planning Board shall grant an informal review of a concept plan for a development for which the Developer intends to prepare and submit an application for development. The Developer shall not be required to submit any fees for such an informal review. The Developer shall not be bound by any concept plan for which review is requested and the Planning Board shall not be bound by such review.

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

A.

Written Decisions.

1.

Each decision on any application for development shall include findings of fact and conclusions based thereon in each decision or any application for development and shall reduce the decision to writing.

2.

Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N.J.S.A. 40:55D-25 or subsection 57d, N.J.S.A. 40:55D-1 et seq. shall be deemed an action denying the application.

3.

The municipal agency shall provide the findings and conclusions through:

a.

A resolution adopted at a meeting held within the time period provided in N.J.S.A. 40:55D-1 et seq. for action by the municipal agency on the application for development; or

b.

A memorializing resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the municipal agency votes to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-10a; (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolutions. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the markings, filings and publications required by subsection h and i of N.J.S.A. 40:55D-10. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys' fees, shall be assessed against the municipality.

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

A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision.

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

A.

An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency or its authorized committee or designee. A Complete Application shall include an Application Form completed as specified by this Ordinance and the rules and regulations of the Planning Board or Board of Adjustment and all accompanying information and documents required for approval of the Application for development as indicated on the Check List adopted by Ordinance and provided to the applicant.

1.

No subdivision and/or site plan Application shall be deemed complete unless the land subject to the proposed subdivision and/or site plan is serviced by both public sanitary sewer and public water. Applicants shall be required, as a condition of completeness for all subdivision and site plan applications, to obtain public sanitary sewer and public water utility certifications allocating capacity to the subdivision and/or site plan from the approving authority. A sanitary sewer capacity allocation and connection or collection system extension approval Resolution to serve the proposed development must be obtained from the governing body of the Township of Berkeley Heights. A Water Main Extension Agreement or Will Serve Letter must be obtained from the serving Water Utility Company.

2.

Where the need for off-tract public sanitary sewer and/or water utility service improvements are created by the proposed subdivision or site plan, the Applicant shall, as a condition of Application completeness and at the Applicant's sole expense, obtain all lands and/or easements located outside the development property boundaries. Such Lands and/or easements, upon completion and acceptance of the off-tract utility improvements shall be dedicated to the Township of Berkeley Heights and/or the Water Utility Company.

3.

In the event that the agency, committee or designee does not certify the application to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five day period for purposes of commencing the application time period, unless (1) the application lacks information indicated on a checklist as hereinafter specified, a copy of which shall have bee provided to the applicant, and (2) the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within forty-five (45) days of submission of the application. The applicant may request that one (1) or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the Applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the Ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for the approval of the application for development have been met. The Application shall not be deemed incomplete for lack of any such additional information nor any revisions in the accompanying documents so required by the agency.

B.

All Check List requirements for all applications for development are presently on file and on forms in the Township Engineer's office of the Township of Berkeley Heights and said Check Lists are hereby incorporated by reference as if the same were set forth at length in the within Ordinance.

1.

The check lists previously adopted by ordinance for use in connection with applications filed with the planning Board or Board of Adjustment are to be amended by including therein the following as conditions to be satisfied or waived prior to an application being deemed complete under the provisions of the Municipal Land Use Law:

1.

For any application involving the movement of more than two hundred forty nine (249) cubic yards of soil or placement of soil on any property to a height of more than four (4) feet, the applicant shall submit a copy of an approved soil movement permit granted by the Planning Board, or a determination by the Planning Board that such soil movement should be reviewed as a part of the development application.

2.

For any application on any site which has been subject to action by the New Jersey Department of Environmental Protection as a result of contamination by hazardous materials, the applicant shall submit a copy of a letter of non-applicability, memorandum or understanding or other documentation from the New Jersey Department of Environmental Protection approving or waiving a specific clean-up plan or other means of preventing the contamination from impacting on the public health, safety, or general welfare.

3.

For any application on any site which has been subject to action by the United States Environmental Protection Agency as a result of contamination by hazardous materials, the applicant shall submit a copy of a letter of non-applicability, memorandum of understanding, approved remediation plan or other documentation from the United States Environmental Protection Agency approving or waiving a specific cleanup plan or other means of preventing the contamination from impacting on the public health, safety, or general welfare.

4.

For any application on any site, the Applicant shall provide proof of Public Sanitary Sewer and Public Water utility capacity to the subdivision and/or site plan from the approving Authority. A sanitary sewer capacity allocation and connection or collection system extension approval Resolution to serve the proposed development must be obtained from the governing body of the Township of Berkeley Heights. A Water Main Extension Agreement or Will Serve Letter must be obtained from the Water Utility Company. (Where the need for off-tract public sanitary sewer and/or water utility service improvements are created by the proposed subdivision or site plan, the Applicant shall, as a condition of Application completeness and at the Applicant's sole expense, obtain all lands and/or easements located outside the development property boundaries. Such lands and/or easements, upon completion and acceptance of the off-tract utility improvements, shall be dedicated to the Township of Berkeley Heights.)

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

The developer's agreement required by Sections 9.4.4E and 10.1.4D shall be in form approved by, and reasonably satisfactory to, the Township Attorney and the attorney for the approving authority. It shall include such terms and conditions as may be established by the approving authority in addition to the following:

A.

Amounts of required performance bonds, inspection fees and cash escrows;

B.

Description of approved plans and conditions of approval;

C.

Maintenance bond requirements;

D.

Agreement to convey required rights-of-way and easements;

E.

Maintenance obligations prior to acceptance of improvements and maintenance, including snow removal, of all streets and roads during construction;

F.

Regulations insuring no adverse drainage conditions.

A standard form agreement shall be kept on file in the offices of the Planning Board and Board of Adjustment and such form is incorporated herein by reference as if the same were set forth at length herein.

A.

This Article shall apply to the processing of those development applications arising from the Township's Compliance Plan and reduced to the form of a written agreement between the Township and one or more Developers whether the development application includes the construction of affordable housing or otherwise.

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

A.

The Planning Board shall process each application which is subject to this Article in an expedited fashion. Other provisions of this Ordinance to the contrary notwithstanding the time period set forth in Section 4.5.3 shall be reduced to fifteen (15) business days.

B.

In processing applications subject to this Article the Planning Board shall be bound by the time periods specifically set forth in any written agreement between the Township and the Developer provided, however, that the failure of a Developer to timely respond to a request for additional information or revisions to the plans or other aspects of the submission shall extend the time periods for action by the length of any delay caused by the failure of a timely response and further provided that the failure of the Planning Board to act within the time period shall not grant to Developer an approval pursuant to N.J.S.A. 40:55D-46 or N.J.S.A. 40:55D-48.

C.

The Planning Board shall have no power without the Developer's consent to make more stringent any of the specific terms of the agreement between the Township and the Developer, to alter the number of units of housing agreed to by the Township, to eliminate or reduce the amounts of any monetary contributions to the Township's Housing Fund or reduce or eliminate any amenities, recreational facilities, or other public improvements or to alter the nature thereof provided for in the agreement.

D.

The Planning Board shall have the power to require such site plan or subdivision changes or alterations, including architectural landscaping presentation, as it believes are in the public interest as long as such items are not specifically set forth in the Developer's Agreement and further may grant such variances, waivers or exceptions from the provisions of this Ordinance as the Board believes necessary to effectuate the terms of the Developer's Agreement and to promote the public interest.

E.

In the event any of the specific terms and conditions of the Developer's Agreement shall be inconsistent with the Design Standards of this Ordinance, the terms of the Developer's Agreement shall govern.

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

The following development applications shall be required to undergo review by the Technical Review Committee prior to being scheduled for an informal review or public hearing by the Planning or Zoning Board:

1.

All site plan, subdivision, and variance applications shall be initially referred to the Technical Review Committee.

2.

Applications for development shall not be scheduled for a public hearing by the Planning or Zoning Board until the Technical Review Committee has deemed the application complete.

3.

Notwithstanding the above, residential applications for one (1)-family detached dwellings shall be exempt from mandatory TRC review. However, an applicant for same may request TRC review at his or her discretion.

(Ord. No. 13-2021, § II, 8-17-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

1.

Submission. Applications and supporting materials shall be submitted to the Township at least fifteen (15) days in advance of a scheduled Technical Review Committee meeting.

2.

Escrow. The applicant shall provide escrow to cover the costs of the TRC's professionals to review the application and appear at the TRC meeting. The escrow shall be paid in accordance with the fee schedule and other provisions set forth in Section 17.11.2—Escrow Fees. No review or meeting can commence until the requested escrow has been paid.

3.

Meetings. Technical Review Committee meetings shall be conducted at the Municipal Building or virtually. Applicants shall be advised of the date and time of the meeting and may appear at the meeting on their own behalf or through an attorney, planner, architect, or engineer involved with the application.

4.

Completeness Determination. Requests for waivers of application requirements must be granted or denied and completeness certified or denied by the Technical Review Committee within forty-five (45) days of the date of submission of the application in keeping with the Municipal Land Use Law. Applicants who disagree with the determination of the Technical Review Committee may appeal the matter to the Planning Board or Board of Adjustment for a determination of completeness, waiver approval, and/or the right to proceed.

5.

Minor Subdivision/Site Plan Determination. The Technical Review Committee may determine that an application qualifies as a minor subdivision or a minor site plan, and make a recommendation to the Planning Board to waive notice and public hearing requirements in accordance with the Municipal Land Use Law. The Board may officially designate an application as a minor subdivision/site plan and grant waiver approval at a subsequent meeting, which the applicant shall not be required to attend.

6.

Applicants shall be advised that they will not appear at the regularly scheduled Planning or Zoning Board meeting the same month that they are reviewed for completeness at the Technical Review Committee. However, exceptions may be granted where appropriate, as determined by the Technical Review Committee.

(Ord. No. 13-2021, § II, 8-17-2021; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)