Berkeley Heights City Zoning Code

The purpose of this Part 9 shall be to provide rules, regulations, and standards for guiding the subdivision of land in the Township of Berkeley Heights: to insure the orderly growth, coordinated development, conservation, protection, and proper use of land; to provide adequate circulation, utilities, and services; and to promote the public health, comfort, convenience, safety, and general welfare of the municipality. The approval of such subdivisions shall be administered in accordance with the following considerations:

A.

Conformance with the Master Plan and ordinances of the Township of Berkeley Heights;

B.

Recognition of a desirable relationship of the land form, its topographic and geologic character, to natural drainage and surface water drainage;

C.

Recognition of appropriate standards of subdivision design including adequate provision for vehicular and pedestrian traffic and for suitable building sites for contemplated land use;

D.

Provision for the preservation of all desirable natural features and characteristics;

E.

Provision for adequate utilities, services, and circulation.

F.

Compliance with Chapter 12.16 Trees regarding tree preservation and maintenance.

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

A.

The provisions of this Part shall be administered by the Planning Board of the Township of Berkeley Heights in accordance with N.J.S.A. 40:55D-1 et seq.; its amendments and supplements thereto or the Zoning Board of Adjustment of the Township where so authorized to act; provided that, in the case of the Board of Adjustment, the time permitted for decision shall be one hundred twenty (120) days from the date of submission of the proper and complete application, rather than the time specified for the Planning Board to so act in this Part.

B.

The Construction Official and Zoning Officer and their designated agents are the chief enforcement officers and administrative officers of this Ordinance and are responsible to the Township Mayor and Council for its administrative enforcement.

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

A.

In interpreting and applying the provisions of this Part, said provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety, morals, convenience, and general welfare of the Township.

B.

Where the provisions of this Part 9 impose greater restrictions or higher standards than those of any statute, other ordinance or regulation, the provisions of this Part shall govern. Where the provisions of any statute, other regulation, or ordinance impose greater restrictions or higher standards than this Part 9, the provisions of such statute, regulation or ordinance shall govern.

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

A.

Taxes and assessments. As a condition for any subdivision application, the applicant must submit proof from the Township Tax Collector or other designated official that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made.

B.

The Developer shall submit to the Secretary of the Planning Board prior to the public hearing:

1.

Certification of ownership, or

2.

Certification from the owner of authority to the applicant to subdivide the land.

C.

Exceptions to Application of Minor Subdivision, or Preliminary Subdivision Approval. The reviewing board when acting upon an application for minor subdivision approval or preliminary subdivision approval shall have the power to grant such exceptions from the requirements for approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this Ordinance, if the literal enforcement of one (1) or more provisions of this Ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

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

A.

In accordance with Section 4.8, the Technical Review Committee shall conduct initial review of all subdivision applications. The Technical Review Committee, during its review, may designate a subdivision application as a Minor Subdivision pursuant to the definition in Part 2. Upon recommendation from the Technical Review Committee, the Planning Board may, at a public meeting, by resolution stating the justification, classify the subdivision application as a Minor Subdivision and waive the requirement of notice and public hearing for the subdivision application.

B.

An applicant for approval of a minor subdivision shall submit eight (8) copies of a sketch plat, conforming to the requirements of Section 9.5.2, to the Secretary of the Planning Board at least four (4) weeks prior to the regular meeting of the Planning Board together with three (3) completed applications for the proposed subdivision and appropriate filing fees and deposits.

C.

The Secretary of the Planning Board shall distribute the copies as follows:

D.

If the subdivision is designated as a minor subdivision, the Planning Board shall review the sketch plat and approve said minor subdivision if it is found to be in conformance with the intent and standards of this Part 9.

E.

Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within such time shall constitute minor subdivision approval.

F.

The Planning Board may condition such approval upon terms ensuring the improvements pursuant to the terms of N.J.S.A. 40:55D-1 et seq., this Ordinance or other ordinance requiring any such improvements and guarantees posted.

G.

Whenever review of approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

H.

Following the approval, the applicant shall submit to the Planning Board either a drawing complying with the provisions of the Map Filing Laws, or a deed, and six (6) copies thereof.

I.

Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of publication of municipal approval unless within such time period a plat in conformity with such approval and provisions of the Map Filing Law, (N.J.S.A. 46:23-9 et seq.) or deed clearly describing the approved minor subdivision, is signed by the Chairman and Secretary of the Planning Board or by the Chairman and Secretary of the Zoning Board of Adjustment and filed by the applicant with the County Recording Officer, and submitted by the applicant to the Township Engineer, the Township Tax Assessor, the Planning Board and the Construction Official.

J.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivision approval; provided that the approved minor subdivision shall have been duly recorded as provided in this Section.

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

A.

General

An applicant for approval of a proposed major subdivision shall submit a preliminary plat of the subdivision describing the general design of the subdivision and its public improvements and containing the information required by Sections 9.5.4 and 9.5.5 of this Part. Approval of the preliminary plat shall not be considered a valid basis for the construction of any site improvements.

B.

Procedures

1.

Applicant shall submit to the Secretary of the Planning Board:

a.

Application for Subdivision Plat Approval, three (3) copies.

b.

Preliminary Plat, ten (10) copies.

c.

Filing fees and deposits as provided hereinafter.

d.

Environmental Impact Statement, five (5) copies.

2.

Township Engineer shall:

a.

Transmit fees to the Township Treasurer.

b.

Notify Developer within forty-five (45) days of submission if the application is not complete.

c.

Note the filing date of the preliminary plat and the date that the application is deemed to be a complete application.

3.

Upon determination by the Township Engineer that the application is complete, in accordance with the paragraph above, subsection B.2, the Township Engineer shall retain one (1) complete copy of preliminary plat for public inspection and shall forward the remainder to the Planning Board Secretary who shall distribute the following remaining copies as follows:

4.

Upon submission to the Secretary of the Planning Board of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the applicant. Upon submission of a complete application for subdivision of more than ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of submission or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.

5.

Notification: The Secretary of the Planning Board shall, and the applicant may, cause notice of a public hearing on the preliminary plat submission to be published in the official newspaper of the Township at least ten (10) days prior to the date for a hearing. The applicant shall give notice of the hearing on the application pursuant to the requirements of the Municipal Land Use Law (N.J.S.A. 40:55D-12), its amendments and supplements hereto. Said notice shall state the time and place of the hearing, a brief description of the subdivision, and the announcement that a copy of said preliminary plat has been filed with the Township Engineer for public inspection.

6.

Procedure for Approval:

a.

A hearing shall be held prior to the date the Planning Board is required to act pursuant to the terms of this Ordinance and N.J.S.A. 40:55D-1 et seq., including any extensions of time as may be consented to by the applicant.

b.

The Planning Board shall approve or disapprove the subdivision by written resolution.

c.

Whenever review or approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

d.

A copy of the action taken by the Planning Board shall be forwarded to the applicant, or his representative who appeared for him, within ten (10) days of the date of the decision, to the Township Clerk, to the Township Engineer and shall be published in accordance with the N.J.S.A. 40:55D-1 et seq. Each decision shall be in writing and shall include findings of fact and conclusions based thereon.

e.

If the Planning Board approves the preliminary plat, the Chairman of the Board shall sign two (2) copies of the preliminary plat with a notation that it has received approval, one (1) of the plats being returned to the applicant for compliance with final plat approval requirements as hereinafter provided. Prior to the return of the signed plats to the applicant, the applicant shall provide the Township Engineer with six (6) complete sets of prints of the approved preliminary plat maps.

C.

Expiration of Preliminary Approval

Planning Board approval of the preliminary plat shall expire three (3) years after the date of such formal action except in cases of fifty (50) acres or more, extensions may be granted pursuant to N.J.S.A. 40:55D-49d, its amendments and supplements thereto.

D.

Rights Conferred Upon Preliminary Approval

Planning Board approval of the preliminary plat confers upon the subdivision applicant the following rights:

1.

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to, use requirements; layout and design standards for streets, curbs, and sidewalks; lot size; yard dimensions and off tract improvements; except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

2.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat maps pursuant to N.J.S.A. 40:55D-49b;

3.

That the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

E.

Developer's agreement

As a condition of approval and prior to the signing of any Preliminary Plat, the applicant shall be required to execute a developer's agreement prepared in accordance with Section 4.5.4 of this Ordinance.

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

A.

Scope

1.

A final plat and supporting drawings and documents for a proposed subdivision constitute the complete subdivision development proposal and includes the recommendations resulting from the Planning Board review of the preliminary plat as well as the Improvements and Utility Plans. After approval by the Planning Board, this complete submission, accompanied by any required performances and/or maintenance guarantee, as approved by the Township Mayor and Council, for those improvements which are not required to be completed prior to consideration of the final subdivision plat, becomes the basis for the construction of the uncompleted portions of the subdivision. The plat itself must be recorded at the County Clerk's Office to have legal status. An unrecorded plat is not a valid basis for completion of site improvements or other commitments.

2.

The final plat itself shall be an accurate survey record of the properties resulting from the subdivision.

3.

All final plats shall be prepared in accordance with the requirements of the Map Filing Law N.J.S.A. 46:23-9.9 et seq.

B.

Procedures

1.

Applicant shall submit to the Township Engineer:

a.

Three (3) copies of the Application for Final Plat approval.

b.

Ten (10) paper prints of the Final Plat.

c.

Evidence of guarantees or completion of all improvements except for sidewalks and final paving course on all streets pursuant to N.J.S.A. 40:55D-53.

d.

A letter, in appropriate cases, directed to the Chairman of the Planning Board signed by a responsible official of the State Department of Transportation or the County Road Department, approving construction on State or County rights-of-way.

e.

A Deed of Dedication for all properties, including title to streets, rights-of-way, and easements, which are now being offered to the Township for dedication.

f.

Filing fees and deposits as required by this Ordinance.

g.

A statement from the Tax Collector that all real estate taxes on the subject property have been paid to date.

2.

The Township Engineer shall:

a.

Transmit all fees to the Township Treasurer.

b.

Inform applicant of any application deficiencies.

c.

Notify the Secretary of the Planning Board of the filing date of the final plat and the date such submission is deemed to be properly complete.

3.

Upon determination by the Township Engineer that the application is complete, the Township Engineer shall retain one (1) copy of the complete application for public inspection and forward the remainder to the Secretary of the Planning Board who shall distribute the remaining copies as follows:

4.

Upon submission to the Secretary of the Planning Board of a complete application, the Planning Board shall grant or deny final approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the prescribed period shall constitute final approval and a certificate signed by the Chairman of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant.

5.

Notification

Reserve Section Number.

6.

Procedure for Approval:

a.

A hearing shall be held prior to the date the Planning Board is required to act pursuant to the terms of this Ordinance and N.J.S.A. 40:55D-1 et seq., including any extensions of time as may be consented to by the applicant.

b.

The Planning Board shall approve or disapprove the subdivision by written resolution.

c.

Whenever review or approval of the application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

d.

A copy of the action taken by the Planning Board shall be forwarded to the applicant, or his representative, within ten (10) days of the date of the decision, to the Township Clerk, to the Township Engineer and shall be published in accordance with the N.J.S.A. 40:55D-1 et seq.

e.

If the Planning Board approves the final plat, and all conditions have been met, the Chairman of the Board shall sign and date the corrected final plat and one (1) copy with a notation that it has received approval, said plats being returned to the applicant for compliance with final plat approval requirements as hereinafter provided; provided, however, the applicant shall have provided the Township Engineer with eight (8) complete sets of corrected prints of the approved final improvements plans, along with two (2) opaque cloth prints and two (2) Mylar tracings of the final plat.

f.

The Planning Board Clerk shall distribute the final plat drawings in the following manner:

7.

Improvements

After completion of any public improvements and prior to the release of any Performance Guarantees, the Developer shall resubmit Improvement and Utility Plan and Profiles amended to indicate all "As Constructed" plans and information and shall apply to the Township Engineer for final inspection of the work in accordance with N.J.S.A. 40:55D-53d.

C.

Expiration of Final Approval:

Planning Board approval of the final plat shall expire two (2) years after the date of such final action except in the case of a planned unit development of fifty (50) acres or more or conventional subdivision for one hundred fifty (150) acres or more, where the time until expiration may be altered pursuant to N.J.S.A. 40:55D-52b, its amendments and supplements thereto.

D.

Rights Conferred Upon Final Approval:

1.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the Developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval; provided that in the case of major subdivision the rights conferred by this Section shall expire if the plat has not been duly recorded within the time period provided in N.J.S.A. 40:55D-54.

2.

If the Developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this Ordinance, the granting of final approval terminates the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49 for section granted final approval.

E.

Improvements Prior to Final Approval:

1.

If the Developer desires to install any improvements required under the provisions of this Part before he obtains final approval, he shall, prior to the start of any construction of such improvements, submit for approval by the Township Engineer and the Planning Board the following:

a.

Improvement and Utility Plans prepared in accordance with this Part.

b.

Inspections fee.

c.

Copies of all permits and approvals required for construction of such improvements.

d.

A statement from the Tax Collector that all real estate taxes and municipal assessments on the subject property have been paid to date.

2.

The Developer shall proceed at his own risk with the construction of any improvements and without assurance that the improvements installed will be granted final approval.

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

A.

All plats, whether preliminary or final shall be submitted on any one (1) of the following drawing sheet sizes: 15 inches × 21 inches, 24 inches × 36 inches, 30 inches × 42 inches

B.

All improvement plans and utility plans shall be 24 inches × 36 inches.

C.

Drawings shall be prepared at a scale not less than one (1) inch equals fifty (50) feet unless otherwise authorized and guided by the Township Engineer.

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

A.

Minor Subdivisions

The sketch plat requirements for a minor subdivision shall include the following:

1.

Key map showing the subdivision site and its relation to the surrounding area, streets and highways and zone district boundaries.

2.

Boundary survey data or tax map data or some other similarly accurate base.

3.

Topographic survey of the property and surrounding area within two hundred (200) feet including structures and wooded areas.

4.

Existing and proposed drainage features of the property and the surrounding area within two hundred (200) feet (e.g., culverts, marshes, water areas, streams, and lands subject to flooding).

5.

Special site conditions such as easements, power lines, and structures.

6.

The location of the portion which is to be subdivided in relation to the entire tract.

7.

Tax sheet, block and lot number, the name of the owner and all adjoining property owners as disclosed by the most recent Township tax records or those of the adjoining municipalities.

8.

All existing and proposed streets, roads, and watercourses within the proposed subdivision and those within two hundred (200) feet.

9.

All proposed lot lines and lot lines to be eliminated by the proposed subdivision shall be clearly indicated.

10.

All existing, proposed, and required setback dimensions.

11.

Scale of the plat and north arrow.

12.

Area of the entire tract and area of each proposed lot.

13.

Lot dimensions, including width at the minimum setback line.

14.

Name and address of owner, developer and person preparing the plat.

15.

Method of sewage disposal.

B.

Major Subdivisions

The sketch plat for a major subdivision shall include:

1.

All the data required for a minor subdivision sketch plat.

2.

Contours at an interval of two (2) feet based on U.S.G.S. datum for the property to be subdivided provided that smaller or larger intervals may be used upon approval by the Township Engineer. The contours shall extend two hundred (200) feet beyond the subdivision boundary.

3.

Relationship to the Master Plan.

4.

Any extension of off-tract improvements necessitated by the proposed development.

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

In addition to the requirements hereinbefore set forth in Sections 9.5.1 and 9.5.2, the Preliminary Plat, Improvement and Utility Plans, and the Final Plat shall conform to the following:

A.

The drawings shall be prepared by a licensed professional as required by law.

B.

Title Block shall include the following information:

1.

Name of the subdivision.

2.

Name, address, license number of the professional person who prepared the drawings.

3.

The term Preliminary Plat, Improvement and Utility Plans or Final Plat as applicable.

4.

Date of the drawing and revisions.

5.

Drawing reference number.

6.

Section number of the section being subdivided, if applicable.

7.

Scale of the drawing.

8.

North arrow and/or reference meridian.

C.

The title sheet of preliminary or final plat shall show the following additional data:

1.

Name and address of developer.

2.

Name and address of the owner or owners of record.

3.

Total area of the entire tract.

4.

Total area of the section being subdivided, if applicable.

5.

Total number of proposed lots for the entire tract and for the section being subdivided.

D.

There shall be a Key Map which shall show the following:

1.

Scale and graphic scale.

2.

Relationship of the subdivision to surrounding areas.

3.

Boundary lines, building zone districts, special districts, and municipal areas.

4.

Streets and blocks within the subdivision.

E.

Lot lines, lot numbers and names of adjoining property owners.

F.

If any of the existing structures are on the Historic Landmarks Inventory for Berkeley Heights, maintained by the Union County Planning Board, a notation to that effect shall appear on the plat map.

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

The Preliminary Plat shall, in addition to the data required in Sections 9.5.1, 9.5.2, and 9.5.3, contain the following data:

A.

Existing site conditions to be indicated.

1.

Street right-of-way on subdivision and within two hundred (200) feet including: name; location and width; centerline elevations shown on a profile with elevation indicated at a fifty (50) foot interval; and typical cross sections as required.

2.

Other rights-of-way and easements on the subdivision and within two hundred (200) feet of its boundaries, including: identification and description; location and width; and restrictions of use, if any.

3.

Drainage structures or storm sewers and ditches on the subdivision and within two hundred (200) feet of its boundaries to be shown on the plan and profile, including: type of structure; location, invert elevations, gradients, and sizes of all pipe and other structures where applicable; and capacity of all drainage facilities, including design calculations pertaining to its effectiveness.

4.

Location size and capacity of other utility structures, such as water and gas mains and power lines on the subdivision and within two hundred (200) feet of its boundaries.

5.

Marshes, ponds, streams, and land subject to periodic or occasional flooding or similar conditions on the subdivision and within two hundred (200) feet of its boundaries, including: location and area covered indicating highwater level; water level on date of survey and survey date. If any flood plain designated by the N.J. State Department of Environmental Protection, U.S. Department of Housing and Urban Development, or the Flood Plain Ordinance of Berkeley Heights, is within two hundred (200) feet of the subdivision, that area shall be so indicated on the plat.

6.

Township or other public lands, including lands designated as parks, open spaces or for some other public use.

7.

Buildings and other structures located on the subdivision or within two hundred (200) feet of its boundaries.

8.

Trees having a diameter greater than four (4) inches when measured at a point four (4) feet above the existing grade, except as to Dogwood, Birch or American Hornbeam trees, the diameter of which shall be two (2) inches when measured at a point four (4) feet above the ground, located on the subdivision except that where trees are in mass only the limits thereof need be shown, except that if the trees are proposed to be removed, trees over nine (9) inches in diameter shall be individually indicated.

B.

Proposed site conditions to be indicated.

1.

Streets.

a.

Right-of-way width.

b.

Centerline elevations of fifty (50)-foot intervals shown on the profile sheet.

c.

Centerline gradient shown in percent of slope.

d.

Street surface contours at two (2)-foot intervals.

e.

Cross sections at a minimum of one hundred (100) foot intervals.

f.

Street names.

2.

Lot layout.

a.

Lot lines and dimensions and lot area in square feet.

b.

Building setback lines (dashed) and its dimensions from the lot line.

c.

Easements and restricted areas with notation as to purpose or restriction.

d.

Identification of lots or parcels for special uses, whether they are to be offered for dedication or not.

e.

Future layout for all reserved parcels, in broken lines, in conformance with existing zoning regulations.

f.

High points and low points shown on the plan and profiles, with elevations thereof shown on profiles.

g.

An analysis of allowable sight distance at all intersections and indicated on the plat map and location of sight triangles.

3.

Preliminary storm water drainage plan as set forth in Part 12.

4.

All existing trees as defined in the Tree Ordinance of Berkeley Heights to be removed within the subdivision shall be so noted.

5.

Proposed sanitary sewer system in plan and profile.

a.

All proposed sanitary sewers with sizes and gradients.

b.

All proposed pumping stations, force mains and other special facilities.

6.

Tentative location and size of all other proposed utilities.

7.

Proposed tentative grading plan, indicated by contours at two (2)-foot intervals or other intervals as may be required by the slope and nature of the final grading for the entire subdivision.

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

A.

In order to ensure that the Environmental Impact Statement is competently prepared, the applicant shall provide written information to the Planning Board regarding the qualifications of its author. The Environmental Impact Statement is a separate written description and analysis of all direct and indirect effects the proposed development will have on the site, the adjacent areas, and all other areas with particular reference to the effect of the proposed development on the public safety, health and general welfare, the protection of public and private property and protection, preservation, and enhancement of the natural environment.

B.

Data required. The Environmental Impact Statement shall contain information and analysis regarding the following:

1.

The location and description of the development.

2.

An inventory of existing environmental conditions of the site, adjacent areas and all other affected areas which describe contours, air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, ecology, demography, land use, and aesthetics.

3.

A listing of all licenses, permits, or other approvals required by Municipal, County or State laws and status of each.

4.

An assessment of the probable impact of the development, both adverse and beneficial on the inventory described in Section 9.5.5.B.2.

5.

The environmental effects on the following shall be described in detail:

a.

Water quality

b.

Air quality

c.

Noise

d.

Land use patterns

e.

Significant plant or wildlife systems

f.

Aesthetic values

g.

Natural resources

h.

Landscaping

i.

Lighting patterns and glare

j.

Man-made resources

k.

Community and regional growth

l.

Traffic

6.

A description of steps to be taken during and after construction to reduce adverse effects described in Section 9.5.5.B.5.

7.

Data regarding sewerage facilities, water supply, drainage as described in Part 12, air pollution, and solid waste disposal.

8.

The Soil Erosion and Sediment Control Plan.

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

The improvement and utility plans shall contain the following data:

A.

All existing improvement and utilities.

B.

Street rights-of-way and proposed street rights-of-way.

1.

Name (if available).

2.

Location.

3.

Width.

4.

Notation on widening where an offer of dedication is being made.

C.

Other rights-of-way and easements.

1.

Identification and description.

2.

Location and width, with dimensions necessary for description.

3.

Restrictions of use, if any.

D.

Proposed lot layouts.

1.

Number identification by a lot and block system as assigned by the Township Engineer.

2.

Lot lines with accurate dimensions.

3.

Building setback lines with dimensions.

4.

Boundary lines with accurate dimensions.

E.

Drainage system requirements.

1.

Complete drainage system plan for the entire subdivision.

2.

Boundaries of storm water run-off watersheds for each drainage structure, and their area in acres.

3.

All proposed surface drainage structures (e.g., ditches, channels, detention/retention basins).

4.

All appropriate details and dimensions necessary to explain clearly the proposed construction including type of construction, material, size, pitch, and invert elevations.

5.

Final design computations.

F.

Sanitary waste disposal system design.

G.

Water supply and distribution.

1.

Location of source on property and the size of the supply main.

2.

Location and size of all distribution mains.

3.

Location of fire hydrants.

4.

Location of all control valves.

H.

All off-tract and all off-site improvements to be constructed as part of the subdivision.

I.

A contour grading plan for all areas showing both existing and proposed grade at two (2) foot intervals and smaller intervals, if necessary, with special engineering details for slope stabilization.

J.

Locations of all trees and natural features to be removed or preserved.

K.

Location of improvements including, but not limited to, the following:

1.

Curbs and gutters.

2.

Sidewalks.

3.

Driveway openings.

L.

Profile drawing standards:

1.

Drawings shall be made on standard profile paper with the following scales:

a.

Horizontal scale: one (1) inch equals fifty (50) feet.

b.

Vertical scale: one (1) inch equals five (5) feet.

2.

All profiles shall show the existing natural grades, the typical cross section of existing or proposed roadways, the center lines of intersecting roadways and a system to survey stations.

3.

The centerline profile of all proposed roadways with dimensioning on vertical curves, and notation as to gradient elevations at fifty (50)-foot stations and at all high and low points, shall be shown.

4.

The invert profile and location of all drainage structures in street rights-of-way and in drainage easements shall be shown.

M.

Detailed grade plans of each intersection showing elevations at ten (10)-foot horizontal intervals at the following:

1.

Centerlines for one hundred (100) feet either side of the centerline at intersections.

2.

Edge of traveled way of through street and intersecting street.

3.

Gutters of both the through street and intersecting street.

N.

Other data and construction details as may be required by the Township Engineer or the Planning Board.

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

A.

Final Plat must be drawn in accordance with provisions of the "Map Filing Law" P.L. 1960, c. 141 and N.J.S.A. 40:55D-50a.

B.

The Final Plat shall contain all data hereinbefore noted for the Preliminary Plat, Sections 9.5.3 and 9.5.4 and the improvement Utility Plans Section 9.5.6 and shall contain the additional data as hereinafter set forth:

1.

The limits of the Final Plat sections if the subdivision is developed in more than one (1) section.

2.

Proposed grading plan indicated by contours of two (2)-foot intervals or other intervals as may be required by the slope and nature of the final grading for the entire subdivision.

3.

Description of electric, telephone, water, gas, C.A.T.V., and other utility systems.

a.

Location of all service routes.

b.

Location of all special facilities including, but not limited to, connection points, pedestals, and transformers.

4.

Location of improvements not included in preliminary data including, but not limited to:

a.

Official names of streets.

b.

Street signs.

c.

Street lighting.

d.

Street trees delineating sizes, spacing and species.

5.

All drainage easements, encroachment sight lines at intersections, and new and additional right-of-way easements.

6.

An estimate of quantities of materials for each construction item composing the following groups:

a.

Improvements dedicated to the Township of Berkeley Heights.

b.

Improvements owned and installed by public utilities.

c.

Other site improvements exclusive of dwellings.

d.

Improvements required off-tract.

e.

Copies of all applications and supporting data for permits issued by other agencies and copies of the permits.

C.

Final Plat Map and appropriate details shall reflect all conditions of Preliminary Approval and shall also include the date of approval resolution.

D.

Notations on Final Plat Map:

1.

Date of final approval resolution.

2.

Statement of Final Resolution approving the subdivision.

3.

Statement of conditions of Final Subdivision Approval.

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

A.

Proposed land uses shall conform to the Master Plan and the provisions of this Article.

B.

Subdivision designs shall indicate consideration for suitable protection of different types of land uses.

C.

Suitable sites shall be provided for public and semi-public land uses such as recreation sites and other community uses as provided in N.J.S.A. 40.55D-44.

D.

No subdivision showing reserved strips controlling access to a street shall be approved.

E.

Subdivisions that front on or include existing streets that do not conform to widths as shown on the Master Plan or the street width requirements of this Ordinance shall dedicate additional width along either one (1) or both sides of the street. If the subdivision is along one (1) side only, one-half (½) of the required extra width shall be dedicated.

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

A.

Subdivision design shall preserve, insofar as is possible, the natural terrain, existing views, and natural water courses.

B.

An effort shall be made to preserve all trees, as defined in Chapter 12.16 of the Township Code. The removal of any such trees shall conform to the provisions of said ordinance.

C.

No change shall be made in the elevation or contour of any lot except as is shown on an approved final subdivision plat. Any removal of soil shall comply with the "Soil Removal Ordinance."

D.

Topsoil removed during the course of construction shall be redistributed so as to provide a uniform distribution of topsoil over the entire subdivision and shall be stabilized by seeding and plants.

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

A.

The street and highway layout shall conform to the Master Plan and shall provide appropriately located street connections to adjacent areas.

B.

Local streets shall be laid out so that their use for through traffic will be discouraged. Particular attention shall be given to eliminating possible bypasses around traffic signals and major intersections.

C.

Where the proposed streets do not provide convenient pedestrian access to adjoining neighborhoods and the schools likely to serve the proposed subdivision, dedicated rights-of-way for public walkways shall be provided.

D.

Street right-of-way:

1.

Arterial streets, industrial streets and collector streets shall have a right-of-way width of sixty (60) feet except where already existing as a greater or lesser width as shown on the Master Plan.

2.

Minor streets shall have right-of-way width of fifty (50) feet except in the R-15A Zone where the minimum right-of-way width shall be forty (40) feet.

3.

Dead-end streets shall not be longer than six hundred (600) feet in length except in the R-15A Zone where they shall not exceed one thousand one hundred (1100) feet and all dead-end streets shall have a cul-de-sac at the closed end having a radius of fifty (50) feet.

E.

Street Paving Dimensions:

1.

The paved width of streets shall be measured from curbline to curbline.

2.

Arterial, industrial and collector streets shall have a paved width of not less than forty (40) feet.

3.

Minor streets shall have a paved width not less than forty (40) feet except in the R-15A Zone where they may not be less than twenty-six (26) feet.

4.

Dead end streets other than in the R-15A Zone shall have a paved width of not less than thirty (30) feet. All dead-end streets shall have a paved turnaround at the closed end of not less than forty (40) feet in radius.

5.

Grades of all streets shall not exceed ten (10) percent and not be less than three-fourths (0.75) of a percent.

6.

The minimum elevation for any street shall be two hundred thirteen (213.0) feet, United States Coast and Geodetic Datum.

F.

Cul-de-sacs.

Cul-de-sacs shall be placed at the end of all stub or otherwise dead-end streets, whether or not said street is to be extended as part of a future subdivision. Where a cul-de-sac is of a temporary nature, provision shall be made for future extensions of the street and reversion of the excess right-of-way to the adjoining properties. Minimum front setback shall be fifty (50) feet from the permanent line and not less than twenty-five (25) feet from a temporary cul-de-sac right-of-way line. No cul-de-sacs shall be required at the end of any private road serving multifamily housing provided such road does not exceed two hundred (200) feet in length and adequate provisions are made for service by emergency vehicles.

G.

Intersections.

1.

No more than two (2) streets shall intersect or meet at any one point.

2.

No streets shall intersect at an angle of less than seventy-five (75) degrees or more than one hundred (100) degrees.

3.

The centerlines of all streets entering an intersection shall pass through a single point.

4.

Intersections on local and minor collector streets shall be spaced a minimum of one hundred twenty-five (125) feet apart, measured from the points of intersection of the centerline.

5.

Curbing at lot corners at all intersections shall have a minimum radius of thirty-five (35) feet at the curbline except in the R-15A Zone where the minimum shall be twenty-five (25) feet.

6.

No new, improved or expanded street, whether private or public, that will provide access to a new major or minor residential subdivision or non-residential use shall be permitted to create a corner lot or a lot with more than one (1) street frontage of an existing residential lot which is not part of the proposed subdivision or site plan. If the Applicant can demonstrate to the Planning Board that no alternative layout is possible or practicable that could otherwise provide access to the subject property, the Planning Board may impose reasonable conditions on the proposed development that would ensure the protection of the existing residential lot, including but not limited to, the dedication of additional lands to the affected propertie(s), conservation easements, the installation of landscape buffering and fencing or other similar measures. The Applicant shall be responsible for all costs associated with any off-tract improvements imposed by the Board as required under Part 10A — Off Tract Improvements. Any development that will create a variance condition on a neighboring property which is not part of the development, shall be required to notice for that variance and provide testimony in support of that variance in accordance with the Municipal Land Use Law.

H.

Right-of-way Improvements.

1.

All streets shall be curbed with curbs constructed of granite block.

2.

In all areas, streets shall have sidewalks on at least one (1) side and shall have a width of not less than five (5) feet in the business zone and four (4) feet in all other zones. Where necessary to accommodate the expected pedestrian traffic, sidewalks of greater width or sidewalks on both sides of the street shall be provided. No sidewalk will be required in the bulb of a cul-de-sac.

I.

Street Names.

The continuation of an existing street shall have the same name. New street names shall not duplicate, or nearly duplicate, existing street names. All street names shall be approved by the Planning Board.

J.

Construction Details.

Construction and design details for streets, cul-de-sacs, sidewalks, curbs, catch basins, street lights, street name signs, street trees, fire hydrants, sanitary sewerage lines, and storm sewer lines, shall be in accordance with the provisions on the "Standard Details and Design Criteria of Berkeley Heights."

(Ord. No. 10-2011, § 1, 4-26-2011; Ord. No. 33-2023, § I(Exh. 1), 12-19-2024)

A.

Wires and pipes for electricity, telephone, gas, water, and all other utilities shall be underground, except for connection points, pedestals, and transformers.

B.

All gas and water mains and all street lights and standards shall be installed in accordance with the specifications of the lighting agency, utility company, or governmental authority or district which has jurisdiction in the area.

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

A.

Sidelines. Insofar as is practical, a side lot line shall be perpendicular to the street line.

B.

Frontage. Each lot must have not less than fifty (50) feet of frontage on a street line. Where a lot has street lines on opposite sides, the frontage on the back street line shall be not less than eighteen (18) feet.

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

A.

The following improvements shall be required by this Ordinance except when waived by written resolution of the Planning Board based on undue hardship caused by peculiar conditions pertaining to the land in question:

1.

Paved streets.

2.

Curbs.

3.

Sidewalks.

4.

Water mains and fire hydrants.

5.

Sanitary waste disposal.

6.

Storm drainage.

7.

Street lighting.

8.

Street name signs.

9.

Street trees.

10.

Steel pipes at corners of each lot of the subdivision.

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

A.

Routine Inspections.

1.

All improvements and utilities shall be inspected by the Township Engineer to insure satisfactory completion.

2.

In no case shall any construction be started without permission of the Township Engineer. Notice shall be given to the Township Engineer at least three (3) days prior to any such construction.

B.

Final Inspection.

A final inspection of all improvements and utilities shall be made by the Township Engineer to determine whether the work is satisfactory and in substantial agreement with the approved drawings and the Township specifications.

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

A.

As a condition of Final Plat approval, the Planning Board shall require:

1.

A performance guarantee in favor of the municipality in an amount not to exceed one hundred twenty (120) percent, ten (10) percent of which shall be in cash, of the cost of installation for improvements, including, but not limited to: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, pipe staking at corners of each lot, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, and public improvements of open space.

2.

A maintenance guarantee is to be posted with the governing body for a period not to exceed two (2) years after final acceptance of the improvement, in an amount not to exceed fifteen (15) percent of the total cost of improvements.

B.

In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.

C.

1.

The Township Mayor and Council shall either approve, partially approve, or reject the improvements, on the basis of the report of the Township Engineer and shall notify the applicant in writing, by certified mail, of the contents of said report and the action of the Township Mayor and Council and a statement of reasons for any rejection, not later than sixty-five (65) days after receipt of notice from the applicant of the completion of the improvements.

2.

In case of partial approval, the applicant shall be released from all liability pursuant to his performance guarantee, except for that portion sufficient to secure provision of the improvements not yet approved, provided that thirty (30) percent of the amount of the performance guarantee posted may be retained to secure completion of all improvements.

3.

The obligor shall reimburse the municipality for all reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of reasonably anticipated fees to be paid to the municipal engineer for such inspection.

4.

In the event that final approval is by stages or sections of development the provisions of this Section shall be applied by stage or section.

5.

Failure of the Township Mayor and Council to send or provide such notification to the applicant within sixty-five (65) days shall be deemed to constitute approval of the improvements and the applicant and surety, if any, shall be released from liability, pursuant to such performance guarantee.

D.

If any portion of the required improvements is rejected, the approving authority may require the applicant to complete such improvements and, upon completion, the same procedure of notification.

E.

In the event the applicant shall fail to complete the required improvements within a time period not to exceed three (3) years from the date of execution of the performance guarantees, the municipality shall install the uncompleted improvements utilizing the performance guarantee funds.

F.

Extension of time limit for installation; utility improvements.

1.

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Mayor and Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120) percent of the cost of the installation as determined as of the time of the passage of the resolution.

2.

If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements.

3.

Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Township Mayor and Council in writing, by certified mail addressed in care of the Municipal Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Mayor and Council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection.

G.

The cost of the improvements as approved or rejected shall be set forth.

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

A.

No Certificate of Occupancy shall be issued by the construction Official in connection with any structure constructed or altered in accordance with an approved subdivision until the Township Engineer has verified and notified the Construction Official in writing that the subdivision requirements of this ordinance as well as requirements of the Planning Board or Zoning Board of Adjustment, as applicable, as set forth in the final approval resolution(s), have been fulfilled, and that any required maintenance guarantees have been posted with the Township Clerk.

B.

With the approval of the Township Mayor and Council, a Temporary Certificate of Occupancy for any building, structure or other improvement 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, improvements or other requirements of the approved subdivision 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, a Temporary Certificate of Occupancy shall require that a cash escrow of fifty (50) percent of the total cost of the uncompleted and remaining portion of the work, as determined by the Township Engineer, be deposited with the Township Treasurer as a performance guarantee in addition to any funds previously posted.

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

A.

Failure to comply with any details or conditions of any approved subdivision plan, or any constructing operating, or maintaining any building or structure or use in a manner inconsistent with, or contrary to, the terms and conditions of the subdivision approval, shall be a violation of this Ordinance and shall be grounds for the revocation or withholding of any Building Permit, Zoning Permit, Temporary Certificate of Occupancy or Certificate of Occupancy. The Construction Official or Zoning Officer may revoke or withhold any Building Permit, Zoning Permit, Temporary Certificate of Occupancy or Certificate of Occupancy and may seek to enjoin the violation or take other legal remedies permitted the law.

B.

A written notice or withholding shall be made by the personal service or by certified mail by the Construction Official or Zoning Officer. Such notice, requiring compliance with the conditions of the approved subdivision within a period of seven (7) days after receipt of said notice, shall effectively revoke any Building Permit, Zoning Permit, Temporary Certificate of Occupancy or Certificate of Occupancy, if compliance is not made within the time limit set forth in said notice.

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