Berkeley Township City Zoning Code
ARTICLE XI
Zoning District Regulations
§ 35-86 LIST OF ZONES.
[Ord. No. 94-29 § 118-16; Ord. No. 99-36-OAB § 1; Ord. No. 01-21-OAB § 19; Ord. No. 05-23-OAB §§ 1, 2; Ord. No. 06-17-OAB § 2; Ord. No. 06-19-OAB § 2; Ord. No. 07-03-OAB; Ord. No. 11-25-OAB § 4; Ord. No. 2012-27-OAB § 1; Ord. No. 2015-22-OAB § 13]
For the purpose of this chapter, the Township of Berkeley is divided into the following zoning districts:
R-31.5
R-50
R-60
R-64
R-100
R-125
R-150
R-200
R-400
R-400 PRRC
Conservation/Residential Zone
Public Preservation/Conservation Zone
NB Neighborhood Business
HB Highway Business
LI Limited Industrial
GI General Industrial
R-MF Multifamily
R-4F Residential One to Four Family (one to four family dwellings)
R-TH Residential Townhouse (one to four family and townhouse dwellings)
R-LR Residential Low-Rise (low-rise dwelling structures)
RC Resort Commercial
BC Beach Conservation Zone (Barrier Island)
BR Beachfront Residential Zone
Air Safety and Hazard Overlay Zone
PA Preservation Area
FAR-5 Forest Area Residential - 5
FAR-30 Forest Area Residential - 30
FAR-30C Forest Area Residential Cluster - 30
FA-HC Forest Area - Highway Commercial
FA-LI Forest Area - Light Industrial
FA-C Forest Area - Conservation
M/CF Municipal/County Facilities
AP Agricultural Production
RDA Rural Development Area
RDR Rural Development Recreation
RGR Regional Growth Residential Zone
TC Town Center
BC Bayfront Commercial Zone (Mainland and Pelican Island)
TC-2 Town Center 2 Overlay Zone
Corridor Node Overlay Zone
RBC Riparian Buffer Conservation Zone
§ 35-87 ZONING MAP.
[Ord. No. 94-29 § 118-16.1; Ord. No. 99-36-OAB § 2; Ord. No. 01-21-OAB § 20; Ord. No. 04-24-OAB § 1; Ord. No. 05-23-OAB § 2; Ord. No. 06-02-OAB § 1; Ord. No. 06-17-OAB § 3; Ord. No. 06-19-OAB § 3; Ord. No. 06-55-OAB § 1; Ord. No. 11-25-OAB § 7; Ord. No. 2013-31-OAB; Ord. No. 2013-35-OAB; Ord. No. 2015-22-OAB § 19; 12-21-2020 by Ord. No. 20-48-OAB; 8-19-2024 by Ord. No. 24-42-OA]
a.
The boundaries of all zoning districts set forth in this chapter are shown on a map entitled, "Zoning Map, Township of Berkeley, Ocean County, New Jersey," amended August 19, 2024, which map is hereby made part of this chapter and incorporated in full by reference thereto. The Zoning Map is on file in the Office of the Township Clerk.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
b.
The boundaries of all Pinelands Area zoning districts set forth in this chapter are shown on a map entitled, "Zoning Map Amendments, Pinelands Area, Berkeley Township, Ocean County, New Jersey," dated June 27, 2001, which map is hereby made part of this chapter. The Zoning Map and amendments thereto, if any, are on file in the office of the Township Clerk. (This Map is included as an attachment to this chapter.)
c.
Pursuant to Ordinance No. 2013-35-OAB, the "Zoning Map, Township of Berkeley, Ocean County, New Jersey," is amended to specify that the following lots currently zoned R-400 Residential shall now be located within the R-150 Residential Zone.
Block | Lot(s) |
|---|---|
807 | 1-14, 16, 18, 20, 22, 37, 39, 41-45 |
808 | 1-48 |
814 | 1-29, 31, 33, 35, 37, 39, 41-48 |
815 | 1-11, 13, 15, 17, 23-27, 29, 31, 33, 35, 37, 39, 40-48 |
d.
Pursuant to Ord. No. 2015-22-OAB, the "Zoning Map" shall be amended and the "Zoning Map, Township of Berkeley, Ocean County, New Jersey," shall be revised to include the following additional lots within the CN-C Corridor Node C Overlay Zone:
Block 1014, Lots 2, 2.01, 2.04, 3, and 4
§ 35-88 ZONE BOUNDARIES.
[Ord. No. 94-29 § 118-16.2]
a.
Zone boundaries are intended to follow street, lot lines, block lines or other natural feature lines, such as the centerline of watercourses, streams or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map, and shall include contiguous riparian lands subsequently acquired and/or filled and lands acquired by accretion or stream diversion by natural causes.
b.
Where a zone boundary fixed by dimensions approximately follows and is not greater than 20 feet distance from a lot line, such lot line shall be construed to be the zone boundary.
§ 35-89.1 Buildings and Open Spaces; Conformance Required.
[Ord. No. 94-29 § 118-16.3A]
No buildings shall be erected, no existing buildings shall be enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area and building location regulations designated for the district or zone in which the building or open space is located.
§ 35-89.2 Use of Land; Lots to Comply.
[Ord. No. 94-29 § 118-16.3B]
No lot shall be used in any zone, nor shall any structure be erected, altered or occupied for any purpose except as indicated in each zone under permitted use.
§ 35-89.3 Frontage.
[Ord. No. 94-29 § 118-16.3C]
Each lot shall have frontage on a street in accordance with the Schedule of Requirements.
[Editor's Note: The Schedule of Requirements is included as an attachment to this chapter.]
§ 35-89.4 Residential Lots.
[Ord. No. 94-29 § 118-16.3D; Ord. No. 2015-22-OAB § 6]
No lot shall have erected on it more than one residential building, except as elsewhere permitted in this chapter, in the R-MF, R-4F, R-TH and R-LR Zone Districts.
§ 35-89.5 Corner Lots.
[Ord. No. 94-29 § 118-16.3E; Ord. #09-15-OA § 3]
All corner lots shall have two front yards. The required front yard setback for the respective zone shall be provided along all street frontage. In the case of corner lots the rear yard shall be opposite the narrower street frontage and the remaining yard shall be a side yard. If street frontages are equal, the location of the rear yard shall be at the discretion of the applicant.
 |
In the R-31.5, R-50, R-60 and R-64 Zones, corner lots shall have a 50% greater lot area than required in the Schedule of Requirements.
No fence, hedge, or wall of a height greater than 30 inches above the curb level shall be permitted within a required sight triangle area formed by measuring from the corner 25 feet along each street right-of-way line and connecting these points.
Requirements for the width of combined side yards shall not apply to corner lots, although the minimum side yard setback requirement shall be applied to remaining side yard as set forth above.
[Editor's Note: The Schedule of Requirements is included as an attachment to this chapter.]
§ 35-89.6 Lot Frontage.
[Ord. No. 94-29 § 118-16.3F]
The required frontage for each lot shall be as required in the Schedule of Requirements. The frontage along odd-shaped, irregular-shaped or pie-shaped lots at the end of cul-de-sacs or P-loops may be reduced. However, the minimum lot frontage measured at the front street property line shall not be less than 2/3 of that which is required for the respective zone; the width of lot measured at the required front yard setback shall be equal to or greater than the required lot frontage; and any dwelling on the lot shall meet the area and yard requirements of the respective zone.
If a lot abuts more than one street but is not a corner lot, frontage shall be at the discretion of the applicant, provided that frontage requirements are met. An existing or proposed structure shall establish frontage as being the front of that structure.
[Editor's Note: The Schedule of Requirements is included as an attachment to this chapter.]
§ 35-89.7 Accessory Buildings.
[Ord. No. 94-29 § 118-16.3G; Ord. #09-15-OA § 4; Ord. No. 2015-22-OAB § 7]
Accessory buildings shall not exceed 15 feet in height.
Accessory buildings shall occupy no more than 25% of the available front yard in a residential or rural zone and not more than 40% of the available rear yard area in a business or industrial zone.
Accessory buildings attached to the main building by a covered passageway or which has one wall or part of one wall in common with it shall be considered as part of the principal structure and shall comply with all setback requirements as set forth in the Schedule of Requirements.
[Editor's Note: The Schedule of Requirements is included as an attachment to this chapter.]
Detached accessory buildings shall not be located closer to the street than the front building line of the principal structure and shall be governed by the Schedule of Requirements for the side and rear yard setback limits. On corner or through lot properties, detached accessory buildings, excluding fences, shall be permitted in the front yard area, provided that the detached accessory building meets a minimum front yard setback that is 150% of the required front yard setback for principal structures in the zone district in which it is located.
On properties where the rear lot line occurs in a lagoon or other body of water, the rear yard and side yard setback for accessory buildings shall be measured from the outbound face of the existing or approved bulkhead, or if no bulkhead exists, from the proposed bulkhead as approved by the State of New Jersey or the mean high water line, as established by a certified survey.
In cases where unimproved roads are located adjacent to the side or rear of a single-family dwelling so that the lot would meet the standards of a corner or through lot, the owner may erect an accessory building in conformance with the standards of the side or rear setback of the lot as if it was not a corner or through lot, when the paper street has remained unimproved for more than 20 years and the resident agrees to bring the accessory building into compliance with Township regulations for corner lots and through lots (Subsections 35-89.5 and 35-89.7) if the paper road is improved to create an actual roadway accepted or constructed by the Township.
Fences may be permitted on residential corner or through lots in residential zones, where the corner lot is formed by the intersection of one or more improved streets, or where the through lot is formed by one or more improved streets, provided that the fence meets the minimum applicable front yard setback required for a principal structure on the side of the yard in which the principal structure's front entrance is located, and 1/2 the minimum front yard requirement for the remaining areas fronting on a street.
§ 35-89.8 Height Limitations and Exemptions.
[Ord. No. 94-29 § 118-16.3H; Ord. No. 01-21-OAB § 21; Ord. No. 05-23-OAB § 1; Ord. No. 06-17-OAB §§ 4,5; Ord. No. 06-19-OAB §§ 4,5; Ord. No. 06-65-OAB § 1]
The following supplementary regulations append the building and structure height requirements specified in the Schedule of Requirements and are hereby adopted as a part thereof:
[Editor's Note: The Schedule of Requirements is included as an attachment to this chapter.]
a.
Height limitations and exemptions in all parts of the Township other than the Pinelands Area (except in the RGR Zone) shall be in accordance with the following standards:
1.
The maximum building height and structure height shall not apply to noncommercial antennas, chimneys, church spires and other mechanical appurtenances located on the roofline, provided that no fire hazard is created, and provided that such exception covers not more than 10% of the roof. No more than one antenna exceeding 50 feet in height may be located on a single-family dwelling located in a residential zone.
2.
Public buildings, schools and churches of fire-resistant construction shall increase all setbacks 1 1/2 feet for each one foot by which such building exceeds the height limit established for that zone, but in no case shall any building have a height greater than 50 feet.
b.
Except in the RGR Zone, height limitations and exemptions in the Pinelands Area shall be in accordance with the following standards:
1.
No structure, including radio and television transmission and other communication facilities that are not accessory to an otherwise permitted use, shall exceed a height of 35 feet.
2.
The height limitations set forth in Subsection b1 above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to existing municipal facilities or an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
c.
Nothing herein should be construed to permit the building, rebuilding or creating of any structure or object which will interfere with, diminish, change or obstruct the air space available for the landing and take-off of aircraft in an airport hazard area.
§ 35-89.9 Yard Area.
[Ord. No. 94-29 § 118-16.31; Ord. No. 09-15-OA § 5]
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot. Except as otherwise permitted in this chapter, required yard areas shall be kept open and unobstructed, except for ground-level coverings such as turf, landscape plant materials and pavement, stone, gravel or wood patio surfaces, provided such surfaces do not exceed 18 inches in elevation above the finished grade and further provided that such surfaces do not cause stormwater runoff to enter adjacent properties.
Whenever the depth of lots is established by existing street patterns in any residential zone, the depth requirements for the zone shall be waived as long as setback lines are maintained.
Where the Berkeley Township Master Plan or the County of Ocean calls for additional width of right-of-way, a yard shall be measured from the future right-of-way line.
§ 35-89.10 Riparian Grants.
[Ord. No. 94-29 § 118-16.3J]
Whenever a person acquires title to the land underwater in front of his property by virtue of a riparian grant from the State of New Jersey, then this land shall automatically be zoned the same as the upland property adjacent to this land underwater; provided, however, that such underwater land may not be used to meet the minimum lot area for the governing zone.
§ 35-89.11 Construction Buildings and Trailers.
[Ord. No. 94-29 § 118-16.3K]
Temporary construction buildings and trailers associated with construction on a site for which site plan or subdivision approval has been obtained may be maintained on the site, provided they are removed within 30 days after construction is completed or abandoned.
The temporary buildings and construction trailers shall be used only for activities associated with the construction on the site for which subdivision approval or site plan approval has been obtained.
Abandonment, for the purposes of this section, shall be where no construction on any buildings or improvements is being actively prosecuted for a period of 30 days.
Should any Statute or regulation of the State of New Jersey or the County of Ocean impose a higher standard, the higher standard shall govern.
§ 35-89.12 Off-Street Parking and Driveway Requirements.
[Ord. No. 94-29 § 118-16.3L]
Any use to be created or structure to be constructed within the Township shall provide off-street parking as required by Subsection 35-63.18. Every new dwelling unit created within the Township shall have provided therewith no less than two off-street parking spaces, except that for any dwelling within a PRRC, regardless of bedrooms, or within a multiple-dwelling structure containing fewer than two bedrooms, only 1 1/2 off-street parking spaces shall be required.
Driveways shall be required as access to any garages or other off-street parking spaces. Driveways, whether used as off-street parking spaces or as access to garages, shall be constructed in accordance with Subsection 35-53.9.
§ 35-89.13 Masonry Chimneys; Intrusion Into Side Yard.
[Ord. No. 94-29 § 118-16.3M]
Masonry chimneys, when used and constructed in conjunction with a fireplace, may intrude into a side yard, regardless of whether or not the existing building is in compliance with the minimum requirements as set forth in this chapter; but in no event shall the chimney project more than two feet beyond the face of the wall upon which it is affixed, and in no event shall the chimney be less than three feet from the property line.
§ 35-89.14 Canopies; Intrusions Into Front Setbacks.
[Ord. No. 94-29 § 118-16.3N]
Canopies, when attached to the residential dwelling unit, may be added to intrude into the front setback no more than six feet, as long as there are not walls attached to any such canopy and same is open on three sides, with the exception of any corner structural supports. In no event shall a canopy be less than 10 feet from the property line.
§ 35-89.15 Cultural Housing.
[Ord. No. 01-21-OAB § 22; Ord. No. 05-23-OAB § 8; Ord. No. 06-17-OAB § 1; Ord. No. 06-19-OAB § 1]
a.
Detached single-family dwellings on lots having a minimum lot area of 3.2 acres are permitted in the PA, FAR-5, FAR-30, FAR-30C and AP Zones, provided that:
1.
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
2.
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
3.
The parcel of land on which the dwelling is to be located has been in continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority of interest in such partnership or corporation; and
4.
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.
b.
Detached single-family dwellings on lots having a minimum lot area of 1.0 acre are permitted in the PA, FAR-5, FAR-30, FAR-30C, and AP Zones, provided that:
2.
The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;
3.
The applicant qualifies for and receives a variance from the Township from the 3.2 acre lot size requirement set forth in Subsection a above;
4.
The applicant purchases and redeems 0.25 Pinelands development credits; and
§ 35-89.16 Substandard Lots in the Pinelands Area.
[Ord. No. 01-21-OAB § 22; Ord. No. 05-23-OAB § 9; Ord. No. 06-17-OAB § 1; Ord. No. 06-19-OAB § 1]
a.
Notwithstanding the density limitations or any other provisions of this chapter, the owner of a parcel of land of an acre or more in the FAR-5, FAR-30, FAR-30C or AP Zones shall be entitled to develop one detached single-family dwelling on the parcel, provided that:
1.
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
2.
The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
3.
The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and
4.
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
§ 35-89.17 Principal Use in the Pinelands Area.
[Ord. No. 01-21-OAB § 22; Ord. No. 12-16-OAB § 2]
No more than one principal use shall be located on any one lot in the Pinelands Area, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management recreational development on agricultural lands, and other such permitted uses only as specified herein.
§ 35-89.18 Scenic Corridor Setback Requirements.
[Ord. No. 01-21-OAB § 22; Ord. No. 2012-16-OAB § 3]
a.
Scenic Corridors.
1.
All public paved roads in the Pinelands Area, except for those roads within the AP, FA-LI, FA-HC, M/CF and RGR Zones and those roads that provide for internal circulation within residentially developed areas, shall be considered scenic corridors.
b.
Special Requirements for Scenic Corridors.
1.
Except as otherwise authorized in this Subsection, all buildings shall be set back at least 200 feet from the scenic corridor, except for agricultural commercial establishments, which shall be set back a minimum of 75 feet.
2.
If compliance with the 200-foot setback is constrained by environmental or other physical considerations such as wetlands or active agricultural operations, the building shall be set back as close to 200 feet as practical provided, and the site shall be landscaped in accordance with the provisions of § 35-157 so as to provide screening between the building and the corridor.
3.
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be established for the proposed development that is consistent with the established development pattern, provided the site is landscaped in accordance with § 35-157 so as to provide screening between the building and the corridor.
4.
All structures within 1,000 feet of the centerline of a special scenic corridor shall be designed to avoid visual impacts as viewed from the corridor.
c.
Motor Vehicle Screening and Storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. This subsection shall not apply to vehicles that are in operating condition and maintained for agricultural purposes.
§ 35-89.19 Community Residences for the Developmentally Disabled.
[Ord. No. 02-18-OAB § 1]
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries all as defined in Section 40:55D-66.2 of the Municipal Land Use Law shall be permitted uses in all residential districts of the Township and the requirements for each shall be the same as for single family dwelling units located with such zones.
§ 35-89.20 Family Day Care Homes.
[Ord. No. 02-18-OAB § 2]
Family day care homes as defined on Section 40:55D-66.5b of the Municipal Land Use Law shall be a permitted use in all residential districts. The requirements for family day care homes shall be the same as for single family dwelling units located with such residential zones.
§ 35-89.21 Child Care Centers.
[Ord. No. 02-18-OAB § 3]
Child care centers as defined in Section 40:55D-66.6 for which, upon completion, a license is required from the Department of Human Services, shall be a permitted use in all nonresidential districts in the Township.
§ 35-89.22 Child Care Programs.
[Ord. No. 02-18-OAB § 4]
Any child care program approved by the local board of education and operated by the board or by an approved sponsor in a public school, before or after regular school hours, pursuant to N.J.S. 18A:20-34, shall be deemed a permitted use in all residential and nonresidential zones and shall be exempt from local zoning restrictions.
§ 35-89.23 Membrane Structures.
[Ord. No. 03-47-OAB § 1]
a.
A membrane structure is defined as a portable shelter made with materials such as canvas or plastic, secured to a supporting metal, plastic or other conduit or poles and secured to the ground with an anchoring system.
b.
Membrane structures may be erected in the residential zone for use only as a temporary facility. They may not be utilized for habitation or storage.
c.
Any resident, owner, occupant or their agent, must obtain a municipal permit before any membrane structure is erected. The application for a municipal membrane structure permit shall include a sketch map depicting the proposed location of the membrane structure and shall state the date and time when the proposed membrane structure will be erected. The permit shall expire 72 hours following erection of the membrane structure and the membrane structure shall be removed before expiration of the permit.
d.
All membrane structures must be constructed of approved fire retardant fabric or material and so marked. No membrane structure may shelter any heating or cooking facility, unless the resident, owner, occupant or their agent has received a permit from the Fire Subcode Official or Fire Inspector.
e.
Any membrane structure in excess of 900 square feet or with a side dimension greater than 30 lineal feet shall not be permitted unless the applicant also obtains proper permits from the Fire Subcode Official and/or the Fire Inspector, in accordance with applicable regulations.
f.
The municipal membrane structure permit shall be conditioned upon the applicant's receipt of, and compliance with, all of the terms and conditions of any additional permits which may be required for the proposed membrane structure. Use of more than one membrane structure, regardless of size, will not be permitted in the absence of the concurrence of the Fire Subcode Official and the Fire Inspector.
g.
A membrane structure permit fee must accompany the application. Any application received later than 10 business days prior to the proposed date of erection will be deemed untimely, and will be processed only upon a "best efforts" basis upon payment of a supplemental fee in a sum equal to the base permit fee. It shall be the applicant's responsibility to apply for and to obtain any ancillary permits for any proposed membrane structure erection and, in all events, to provide all required information. No action or processing of an application for a municipal membrane structure will be commenced until the application is complete.
h.
There shall be a fee of $10 for obtaining a membrane structure permit from the Township Zoning Officer.
i.
Any charitable, philanthropic, fraternal or religious nonprofit organization holding a tax exempt status under the Federal Revenue Code shall be exempt from the payment of membrane structure permit fee.
§ 35-89.24 Route 9 Corridor.
[Ord. No. 06-20-OAB § 3]
All residential and nonresidential development and all proposed site improvements along Route 9 Corridor shall be located outside of the NJDOT Desirable Typical Section.
§ 35-90 SATELLITE DISH ANTENNAS.
[Ord. No. 94-29 § 118-16.4]
Satellite dish antennas, satellite earth stations, television dish antennas or other similar units or structures for the sending and/or receiving of satellite signals shall be permitted as an accessory use to a principal permitted use in all zoning districts in the Township, provided that the following criteria and standards are satisfied:
a.
Satellite Dish Antenna in Residential Zones.
1.
One satellite dish antenna shall be permitted on each lot in any residential zone. In the case of a multifamily development of attached housing units, there shall be permitted one satellite dish antenna per development, and same shall be situated in a centrally located portion of the common area to service all units in the project.
2.
All residential satellite dish antennas shall be located on the ground. Pole- or tower-mounted, roof-mounted or any other non-ground-mounted dishes or devices are expressly prohibited.
3.
All satellite dish antennas shall be located in the rear yard.
4.
All satellite dish antennas shall comply with and meet the minimum accessory side and rear yard setback requirements of the residential zone district.
5.
Satellite dish antennas shall only be erected and be an accessory use on a lot that already contains a principal structure. No lot, regardless of size, shall contain more than one satellite dish antenna.
6.
Satellite dish antennas located in the rear yard shall not occupy more than 40% of the required rear yard area.
7.
Regardless of the required accessory use side and rear yard setback, no satellite dish antenna shall be located closer to the rear or side yard property line than the height of the antenna. Where the height of the satellite dish antenna exceeds the required accessory use side and rear yard setback, the height of the antenna shall govern, and the minimum setback from any side and/or rear line shall be the antenna height.
8.
No satellite dish antenna shall exceed a height of 10 feet.
9.
Screening.
(a)
Each satellite dish antenna shall be effectively screened by a special planting screen or fence which shall be maintained in perpetuity in good condition. The method of screening shall be shown in detail on the plot plan at the time of application for a building permit. The live planting screen and/or fencing shall have a minimal initial construction height of five feet. However, in no case shall the height of any fencing exceed the height limitations for fences set forth elsewhere in this chapter.
(b)
The screening and/or fencing shall be placed between the antenna and abutting properties, between the antenna and any street that borders the front or corner side yard of the lot and between the antenna and lots across such a front or side street so as to screen the satellite dish antenna from view of persons on the first floor levels of nearby adjoining dwellings and from persons on abutting streets.
10.
The dish antenna shall not be located on any trailer, portable device, shed, garage or other accessory structure.
11.
In no event shall the existing natural grade of the lot be altered or changed by any means in order to increase the elevation of the antenna.
12.
All ground-mounted satellite dish antennas shall be anchored, fastened and properly secured to the ground and designed to withstand the windspeed and associated static wind load which is generated at any given elevation, angle or directional position.
b.
Satellite Dish Antenna in All Other Zones.
2.
In addition to ground-mounted satellite dish antennas, tower- or pole-mounted and roof-mounted units shall be permitted in nonresidential zoning districts, provided that the following minimum standards are met:
(a)
All pole- or tower-mounted units shall be situated in as unobtrusive a location as possible and reasonable, so as to minimize its visual impact to surrounding properties and thoroughfares.
(b)
Any pole, tower or other type of support structure upon which an antenna is located shall not exceed a maximum height of 15 feet. However, the maximum height of the combined tower/pole and dish antenna shall not exceed a collective or combined maximum height of 25 feet.
(c)
The maximum diameter of any satellite dish shall be 15 feet.
(d)
All pole- or tower-mounted dish antennas shall be located in the required rear yard.
(e)
Roof-mounted dish antennas shall not extend more than three feet above the roofline of the building on which they are mounted. Where a building has a varied roofline, the antennas shall not extend more than three feet above the roofline of that portion of the building roof on which they are mounted.
§ 35-91.1 Statement of Purpose.
[Ord. No. 97-33 § 2A [118-16.5]]
The purpose of this section shall be to coordinate the type, placement and scale of signs within the different land-use zones. It is in the public interest to administer the construction and maintenance of all types of signs for the welfare of the general public. In order to preserve the residential character of this community, and to facilitate the improvement of its highway business zone in a safe and orderly manner, the following regulations will be applicable with respect to signage in Berkeley Township.
§ 35-91.2 General Regulations.
[Ord. No. 97-33 § 2B; Ord. No. 10-05-OA § 1]
a.
The following regulations shall apply to all permitted and pre-existing conforming and nonconforming signs:
1.
No sign or advertising structure shall be erected or maintained within the Township of Berkeley except in conformance with the provisions of this section.
2.
No sign or advertising structure shall be erected, placed or maintained so that it impedes, interferes with, or distracts from the operation of any traffic control light or sign, official traffic directional sign or other traffic safety or control device.
3.
No sign or advertising structure shall be erected, maintained or lighted in a manner as to interfere with the public right-of-way or the peaceful enjoyment of any adjacent property.
4.
No sign or advertising structure shall be erected or maintained in other than a safe condition or be maintained in a state of disrepair.
5.
Nonconforming signs shall not be enlarged or altered in size or location unless they shall be made to conform with these regulations.
6.
It shall be the responsibility of the owner, not the tenant or lessee of an establishment to remove any and all signage upon vacating the premises. In the case of a commercial strip mall with a common pattern for signage, it shall be the responsibility of the owner, not the tenant or lessee of the establishment to replace the identification sign with a blank sign.
7.
A part of a freestanding/ground sign, a motor vehicle service station may display one changeable letter sign per frontage which lists the type and price of any motor fuels and the same shall not be considered in any calculation of items of information or sign area.
8.
The use of balloons, banners, windmills or other moving devices, searchlights or flashing or animated signs in connection with bona fide special sales promotions shall be permitted one week per month no more than six times per year. A sign permit shall be required for each one-week period, however, there shall be no fee for the permit.
9.
Any sign for which a lawful permit has been obtained prior to the effective date of this section shall be a lawful pre-existing conforming or nonconforming sign and shall not be required to be removed or altered to comply with this section.
b.
Sign Interpretation and Measurement.
1.
For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without an organized relationship of elements, or where there is a reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.
2.
The surface area of a sign shall be computed to include the entire area within a parallelogram, triangle, circle or semicircle comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of the sign surface area.
3.
Where a sign has two sign faces of different sizes back-to-back and parallel to each other, they shall be considered a single sign with the area of the face having the greatest sign surface area to be used in determining the area of sign.
4.
Height of Signs. Sign height shall be measured between average grade and the highest point of the highest element of the sign.
§ 35-91.3 Prohibited Signs.
[Ord. No. 97-33 § 2C; Ord. No. 10-05-OA § 1; Ord. No. 11-08-OA; Ord. No. 2015-14-OAB § 1; 5-18-2020 by Ord. No. 20-23-OAB]
Signs prohibited in all zones shall specifically include, but are not limited to, the following:
a.
Portable signs or sandwich signs.
b.
Signs or banners posted or hung on buildings, fences, posts, utility poles or trees.
c.
Signs posted on municipal property without the consent of the Mayor.
d.
Signs posted or painted atop of a roof.
e.
Signs painted on a wall or side of a building.
f.
Signs standing, installed or painted on sidewalks or curbs.
g.
Signs painted, placed or incorporated into trucks, motor vehicles, trailers and similar equipment bearing advertising visible from off-site and parked at the business location for the intended purpose of advertising a business, service or product, are considered vehicle signs and are prohibited. Delivery and service vehicles or trailers used on a daily basis in conjunction with an on-site business are exempt when they are parked in a location that is not visible from off-site, or otherwise creates the least possible visual impact without significant effect on the security of the vehicle or trailer.
h.
Signs which imitate official traffic signs or signals, or which employ fluorescent colors in the yellow or red spectrum, or which otherwise constitute a distraction hazard to the traveling public. For purposes of this subsection, electronic message boards other than those displaying date, time, temperature or developed as part of a digital display sign in accordance with subsection 35-91.20 and approved as part of a site plan application by the Board of Jurisdiction, are included in this prohibition. Electronic message boards for facilities owned and operated for use by the Township of Berkeley, emergency service entities, veterans' service organizations, the Berkeley Township School District or the Central Regional School District and other nonprofit entities are exempt from this prohibition. Exempt entities in any zone shall comply with Subsection 35-91.20 and submit to the Zoning Officer for a sign permit.
i.
Signs of any size or type of construction designed with wire, wood or other supports to be pushed into the ground on a temporary basis, also referred to as "lawn signs." This provision shall exempt lawn signs otherwise permitted pursuant to Subsection 35-91.5 of this chapter.
j.
Portable message signs of any size or design, whether electronic or manual.
k.
Signs which offend the public morals or decency.
§ 35-91.4 Permits/Fees.
[Ord. No. 97-33 § 2D]
a.
No sign or advertising structure shall be erected or created until a permit has been obtained from the Zoning Officer in accordance with § 35-29a6, entitled "Application for Zoning Permit, When Required."
b.
Application Information and Contents. Any persons desiring to procure a permit to construct or maintain a sign in the Township of Berkeley shall file with the Zoning Officer a written application which shall contain an accurate description of the location or proposed location where such sign is to be erected and a diagram showing the scale and dimension, as well as text and graphics of each sign that the applicant desires to erect, alter, locate or relocate, use or maintain. Such application shall be signed by the applicant, who shall also indicate his post office address and supply any and all information that the Zoning Officer may reasonably require in order to determine whether the proposed location of the sign complies with the provisions of this section.
§ 35-91.5 Permitted Temporary Signage, Exempted from Permitting.
[Ord. No. 97-33 § 2E; Ord. No. 04-21-OAB § 1; Ord. No. 10-05-OA § 1]
a.
One temporary sign, not larger than five square feet in area, advertising the sale, lease or rental of the residential premises on which it is located. This regulation shall apply to all residentially zoned land and to all residential uses of land in any zone in which such residential use is permitted. Such sign shall not be posted or fastened in any way onto a tree.
b.
One temporary sign, not larger than 12 square feet in area, advertising the sale, lease or rental of the commercial or industrial premises on which it is located. This regulation shall apply to all land zoned for commercial or industrial use.
c.
Not more than two temporary ground signs on a subdivision which has been approved by the Township, provided that not more than one sign is erected per street frontage and that the total sign area for such signage for any approved subdivision does not exceed 100 square feet in area.
d.
Temporary special decorative displays used for holidays, public demonstrations or promotion of civic welfare or charitable purposes are permitted provided the Township is held harmless for any damage resulting therefrom; they are not located within a right-of-way; and they shall be removed within five business days after the close of the temporary event.
e.
Temporary political signs are permitted for a period of 60 days prior to an election and shall be removed five days after the election. Political signs shall not exceed 12 square feet in total area on any one property in a residential zone and otherwise shall not exceed the maximum size and height limitation for the zone in which they are placed.
f.
Temporary window lettering or signs, advertising special sales or events, shall be permitted subject to the following restrictions:
1.
Such lettering or signs shall be removed within 30 days after erection.
2.
Such window lettering or signs, in conjunction with permanent window lettering or sign, shall not cover, in the aggregate, more than 50% of the window area.
3.
Such window signs shall be inside the window, however, window lettering shall be permitted on the outside of the window.
g.
Temporary Signs (Residential Zones). A temporary sign not exceeding three square feet in area used to advertise garage sales or other lawful/authorized commercial or contractor activity on residential lots shall be permitted. Such signs for garage sales may be posted for no longer than three days at a time, up to four times per year. All such signs must be removed before they become faded or deteriorated, but in no event shall such temporary signs remain longer than 60 days. Temporary signs shall not be subject to setback requirements of the applicable zoning district.
h.
Removal of Temporary Signs. All permitted temporary signs shall be removed in accordance with the following schedule:
1.
Temporary signs advertising sale, lease or rental of premises: within five business days after sale, lease or rental of the premises.
2.
Temporary subdivision signs: within 10 business days after 75% of the lots have been sold or dwellings have been erected on 75% of the lots, whichever shall first occur.
3.
Temporary special decorative displays: within five business days after the holiday or holidays, public demonstration or promotion as the case may be.
§ 35-91.6 Window Lettering.
[Ord. No. 97-33 § 2F]
a.
Permanent window lettering and signs shall be permitted only if the space confining such lettering and signs, or the background on which it appears, does not exceed 20% of the window area. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains letter or advertising.
b.
Window lettering or signs shall pertain only to that establishment occupying that portion of the premises where the window is located.
§ 35-91.7 Commercial Advertising Billboard Signs.
[Ord. No. 97-33 § 2G]
a.
The further erection or construction of signs known as commercial advertising billboard signs, except as provided below, is prohibited.
b.
Existing billboard signs shall be removed where the Code Enforcement Official has determined that the cost of repairs necessary to comply with Subsection 35-91.2e of this chapter, would exceed 50% of the replacement cost of the sign. For the purposes of this section, the end of the useful life of a billboard sign shall be when the cost of necessary repairs as described in this subsection exceeds 50% of the replacement cost of the billboard sign.
c.
As per N.J.A.C. 16:41-8.4, no outdoor advertising structure will be permitted which is abandoned or disused for a fixed period of one year after originally reported by the Code Enforcement staff. The owner of record shall be officially notified by letter of the classification of disuse or abandonment in order that appropriate remedial action may be taken.
1.
A sign shall be considered abandoned when it is determined to be structurally unsound by a professional engineer, or it is in an aesthetically blighted condition, when 25% of the surface requires a reconditioning of the protective or decorative coating as evidenced by, but not limited to, peeling or flaking paint.
2.
A sign which remains blank, void of advertising copy for a fixed period of one year shall be considered disused.
§ 35-91.8 Residential Zones (Outside of the Pinelands Forest and Pinelands Preservation Areas), Permitted Signs.
[Ord. No. 97-33 § 2H; Ord. No. 01-21-OAB § 23]
a.
A nonilluminated sign identifying a resident's name or address, not larger than one square foot in area.
b.
A nonflashing sign identifying a home occupation or professional office, not greater than two square feet in area.
c.
A nonflashing sign identifying a church, utility, hospital, public building, institution or other use as permitted in the respective residential zones, not greater than 20 square feet in area.
d.
Where applicable, a sign identifying a motel, efficiency apartment or multiple-dwelling unit, not larger than 10 square feet in area.
e.
Where applicable, a sign identifying a boatyard or a marina, not larger than 10 square feet in area.
f.
Signs in connection with new residential development in accordance with the following:
1.
Information signs within the development to indicate no parking areas, visitor and handicapped parking, fire zones, building names, traffic signs, etc., so long as each sign does not exceed four square feet in area, and is of a common architectural theme.
2.
Permanent signs identifying the name of a development in accordance with the following: No more than two freestanding signs per residential development are permitted, each of which shall not exceed 20 square feet in size or a height of four feet. In developments with more than one access point to existing streets, or with frontage on more than one street, an additional 20 square feet of sign face is permitted per additional access point or street frontage, all of which may be on one sign, or the square footage divided over two signs.
3.
Signs may be illuminated with flood or spot lights. Such lighting shall be shielded and so located as to prevent glare to adjacent properties.
g.
Multiple family dwelling structures may erect one illuminated wall identification sign not exceeding 10 square feet in area, or may erect one illuminated ground identification sign not exceeding 10 square feet in area on either side nor a height of four feet.
§ 35-91.9 Highway Business Zones, Permitted Signs.
[Ord. No. 97-33 § 2I]
a.
Enterprise identification signs upon a facade identifying a permitted business establishment, not greater in area then 25% of the front wall area and in any case not greater than 75 square feet.
b.
A freestanding shopping center sign not larger than 100 square feet in area.
c.
One freestanding enterprise identification sign relating to the business use on the same premises, not larger than 50 square feet in area, not greater than 25 feet in height and not closer than 15 feet to the street line.
§ 35-91.10 Neighborhood Business Zones, Permitted Signs.
[Ord. No. 97-33 § 2J]
a.
One freestanding or ground sign not to exceed 25 square feet in area. Such signs may not exceed a height of 15 feet and must be set back at least 10 feet from property lines.
b.
Enterprise identification signs upon a facade identifying a permitted business establishment, not greater in area than 15% of the front wall area and in any case not greater than 35 square feet.
c.
Where an occupancy is on a corner lot, a minimum clear view zone is to be maintained in a triangulated area at the point of intersection to allow an unobstructed view of oncoming traffic.
§ 35-91.11 Industrial Zones, Permitted Signs.
[Ord. No. 97-33 § 2K]
a.
One sign per street frontage not to exceed three square feet of sign area for each lineal foot or property frontage or 250 square feet. Signs must not project beyond property lines nor exceed a height of 35 feet. Where street frontage exceeds 300 lineal feet, one additional freestanding sign may be allowed per 300-foot increment.
b.
Wall signs are not to exceed 30% of the aggregate square footage of the wall area upon which they are installed.
c.
All signs must maintain minimum clearances, setbacks and construction electrical standards.
§ 35-91.12 Maintenance.
[Ord. No. 97-33 § 2L]
a.
It shall be the duty and responsibility of the owner of every sign to maintain the immediate premises occupied by the sign in a clean, sanitary and healthful condition.
b.
All signs, together with their supports, braces, guys, anchors and any devices for illumination, shall be kept in repair in accordance with this article, and, when not constructed of galvanized or other corrosion resistive materials, shall be painted when necessary to prevent corrosion.
c.
All ground signs shall be appropriately landscaped with shrubs and ground coverings. The landscaping plan shall be subject to the approval of the Zoning Officer.
§ 35-91.13 Enforcement.
[Ord. No. 94-29 § 118-16.5; Ord. No. 97-33 § 2M]
a.
Whenever the Code Enforcement Official shall determine that a sign has become structurally unsafe or endangers the safety of the building or the public, the Code Enforcement Official shall order such sign be made safe or removed. Such order shall be complied with within 10 days of receipt thereof by the owner of the building or premises on which such unsafe sign is affixed or erected.
§ 35-91.14 Pinelands Area, General Sign Regulations.
[Ord. No. 01-21-OAB § 24; Ord. No. 05-23-OAB § 1]
a.
No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or physical or lighting change shall be permitted in the Pinelands Area of the Township.
b.
No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in the Pinelands Area of the Township.
c.
No outdoor, commercial billboard sign shall be permitted in the Pinelands Area of the Township except that:
1.
(Reserved)
2.
Notwithstanding the regulations contained at Subsection 35-91.7, commercial billboard signs advertising agricultural commercial establishments shall be permitted in the AP (Agriculture Production) Zone only, provided that:
(a)
No more than two signs shall be placed in any one direction along each road directly approaching the agricultural commercial establishment;
(b)
No sign shall exceed 32 square feet in area nor shall have more than one sign face;
(c)
No sign shall be closer than four feet to the street line;
(d)
No sign face shall have a horizontal dimension (width) greater than 10 feet;
(e)
The maximum height to the top of the sign, including any appurtenances, shall not exceed 15 feet above the street centerline grade most proximate to the sign, but in no instance shall the maximum height to the top of the sign, including any appurtenances, exceed 30 feet above the average ground level immediately below the sign.
e.
To the maximum extent practical, the character and composition of construction materials for all signs in the Pinelands Area of the Township shall be harmonious with the scenic values of the Pinelands.
§ 35-91.15 Signs in the PA, M/CF and AP Zones.
[Ord. No. 01-21-OAB § 24]
a.
No sign shall be constructed, repaired or maintained except in accordance with the provisions of Subsection 35-91.14 above and this subsection.
b.
Only the following signs are permitted in the PA, M/CF and AP Zones:
1.
Official public safety and information signs displaying road names, numbers and safety directions.
3.
On-site identification signs for schools, public facilities and parks, churches, hospitals, or similar public service institutions, provided that:
(a)
The size of any such sign shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from the ground level immediately below the sign; and,
(b)
No more than one sign shall be placed on any single property, except where the uninterrupted street frontage exceeds 2,000 lineal feet, one additional sign may be permitted for each 1,000-foot increment of street frontage.
4.
Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet;
5.
On-site professional, home occupation, or name signs indicating the profession and/or activity and/or address and/or name of the occupant of the dwelling, provided that:
6.
On-site business or advertising signs, provided that:
(a)
No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment;
(b)
The total area of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level immediately below the sign.
7.
Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.
8.
Temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.
§ 35-91.16 FA-C, RDR and Forest Area Residential Zones, Permitted Signs.
[Ord. No. 01-21-OAB § 24; Ord. No. 05-23-OAB § 7; Ord. No. 06-17-OAB § 1; Ord. No. 06-19-OAB § 1]
a.
No sign shall be constructed, repaired or maintained except in accordance with the provisions of Subsection 35-91.14 above and this subsection.
b.
Only the following signs are permitted in the FA-C, RDR, FAR-5, FAR-30 and FAR-30C Zones:
1.
Official public safety and information signs displaying road names, numbers and safety directions.
3.
On-site identification signs for schools, public facilities and parks, churches, hospitals, or similar public service institutions, provided that:
(a)
The size of any such sign shall not exceed 36 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from the ground level immediately below the sign; and
(b)
No more than one sign shall be placed on any single property, except where the uninterrupted street frontage exceeds 1,500 lineal feet, one additional sign may be permitted for each 750-foot increment.
4.
Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet;
5.
On-site professional, home occupation, or name signs indicating the profession and/or activity and/or address and/or name of the occupant of the dwelling, provided that:
6.
On-site business or advertising signs, provided that:
(a)
No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment;
(b)
The total area of such signs shall not exceed 32 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level immediately below the sign.
7.
Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.
8.
Temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.
§ 35-91.17 FA-HC Zone, Permitted Signs.
[Ord. No. 01-21-OAB § 24]
a.
No sign shall be constructed, repaired or maintained except in accordance with the provisions of Subsection 35-91.14 above and this subsection;
b.
All signs permitted in the Neighborhood Business Zone shall be permitted in the FA-HC Zone, provided such signs meet the requirements set forth at Subsection 35-9.10.
§ 35-91.18 FA-LI Zone, Permitted Signs.
[Ord. No. 01-21-OAB § 24]
§ 35-91.19 RDA and RGR Zones, Permitted Signs.
[Ord. No. 01-21-OAB § 24; Ord. No. 05-23-OAB § 1; Ord. No. 06-17-OAB § 6; Ord. No. 06-19-OAB § 6]
§ 35-91.20 Digital Display Signs.
[Ord. No. 2015-14-OAB § 3]
Digital display signs shall be permitted in the Highway Business (HB) and Rural Highway Business (RHB) Zone Districts, subject to the following regulations and restrictions:
a.
Any application for the development of a digital display sign shall follow the guidelines established in Subsection 35-91.4 (Permits/Fees).
b.
Digital display signs shall conform to the dimensional requirements established in Subsection 35-91.9 (Highway Business Zones, Permitted Signs).
c.
There is not more than one digital display sign per property.
d.
The message and graphic content displayed on the digital display sign shall not be changed more than once per hour. As a result, these signs shall be considered to be non-flashing.
e.
The message and graphic content must be related to the permitted use of the premises and activities held or provided on the premises, except for public service messages approved by the Township Code Enforcement Officer.
f.
The following display features and functions are prohibited on digital display signs: scrolling, traveling, flashing, spinning, rotating, fading, dissolving, any other moving effects; all dynamic frame effects; holographic effects; video display; and, patterns of illusionary movement or simulated movement.
g.
The sign shall not be located in any sight triangle.
h.
No digital display sign shall display an illuminative brightness of such intensity or brilliance that it impairs the vision or endangers the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle as determined by the Township Traffic Safety Officer.
i.
The digital display sign shall have a default mechanism that shall display a full black screen or turn off in the event of a malfunction.
j.
A digital display sign located on a lot adjacent to a residential zone district, and visible from such residential zone district, shall not be illuminated between the hours of 11:00 p.m. and 7:00 a.m., unless the use to which the sign pertains is open for business during those hours.
k.
All digital display signs shall have automatic dimming controls either by photocell (hardwired) or by software settings such that the sign shall not display an illuminative brightness that exceeds 300 nits or equivalent unit of measurement at any time between 1/2 hour after sunset and 1/2 hour before sunrise.
l.
A digital display sign may be constructed as a portion of a freestanding or ground sign provided that:
1.
The freestanding or ground sign conforms to all applicable regulations for such signs; and
2.
When a digital display sign is constructed as a portion of the permitted freestanding or ground sign, no other digital display sign shall be permitted on the property.
The sign shall conform to any other applicable development regulations. |
§ 35-91.21 Public Access Signs.
[Added 10-28-2019 by Ord. No. 19-39-OAB]
a.
Public access signage shall mean signs provided at public areas to clearly direct the public to points of access.
b.
The municipality shall provide public access signage at all public access areas to clearly identify where public access is permitted and where public access is prohibited.
c.
The Township's Public Works Department will be responsible for maintenance of all public access signage.
§ 35-92 TRUCKS IN RESIDENTIAL AREAS.
[Ord. No. 94-29 § 118-16.6; Ord. No. 11-25-OAB]
a.
Notwithstanding the provisions of any ordinance to the contrary, no trailer or semitrailer designed for the hauling or transportation of goods or merchandise, or truck tractor designed for the hauling of any such trailer or semitrailer, shall be located, maintained or stored on any premises in the Township of Berkeley within the R-400, R-400 PRRC, R-200, R-150, R-125, R-50, R-100, R-64, R-60, R-MF, Residential Two Family, Residential One to Four Family, Residential Townhouse and Residential Low-Rise Zones, or any other residential zone, whether resting on wheels, blocks or other support, except for purposes of the delivery of goods, equipment and/or materials to such premises. In addition, this section shall not apply to any vehicle designed for a recreational purpose or agricultural vehicles, pickup trucks or trailers which are specific to pickup trucks and vans.
b. POLE TRAILER SEMITRAILER TRAILER TRUCK TRUCK TRACTOR
For the purposes of this section, the following definitions shall apply:
Shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
Shall mean every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
Shall mean every vehicle, with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Shall mean every motor vehicle designed, used or maintained primarily for the transportation of property.
Shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
§ 35-93 OUTDOOR DISPLAYS.
[Ord. No. 94-29 § 118-16.7]
a.
Permitted business uses may display goods which are related to the business operated on site and intended for sale on the premises outside of and adjacent to the principal structure in which such use is carried on. Such goods may include boats and/or boat trailers, garden and lawn supplies and equipment, trees and shrubs and Christmas trees. Such outdoor selling or storage areas shall not encroach upon any of the required yard areas or, in the case of boats and/or boat trailers, the required setback for parking areas.
1.
Further provided that the area set aside for such outdoor selling or storage shall not exceed an area equal to:
If the Principal Building Is: | Maximum Outdoor Display Area May Be: |
|---|---|
Less than 5,000 square | 2 x principal building |
5,000 to 10,000 | 1.5 x principal building or 10,000 square feet whichever is larger |
2.
In the calculation of the percentage of the lot occupied by the buildings and required off-street parking area, the area of such outdoor selling or storage areas shall be included in the same manner as the area of the principal building. The area to be used for any such outdoor selling or storage areas shall be appropriately set forth at the time of application for a building permit or site plan approval. Any subsequent establishment or relocation of such areas or change in or addition of a new product line not related to the prior retail line, shall be subject to the issuance of a supplementary approval. Nothing in this subsection shall be construed to permit the outdoor storage of goods intended for sale other than at the point of storage.
b.
Temporary outdoor sales may be conducted on properties not otherwise used at that point in time, provided they are related to business operated on-site and the sales conducted therein and are sold on the premises outside and adjacent to the principal structure in which such use is carried on, for a duration of not more than 45 consecutive days for seasonal items or temporary activities, not more than two times per calendar year per property. The Zoning Officer shall be informed in writing of the nature of the activity and the date on which such sales are to commence. No goods shall be stored on the site until that date. The area of the required parking setback for the zone in which the property is located shall be kept free of all activity, goods or equipment. The operation shall be such that no traffic safety hazard is created by the parking of vehicles, the manner in which the vehicles will leave and enter the adjacent roadway, or the on-site lighting. Signs shall conform to regulations of this chapter, even if temporary. In the event that any activity permitted by this subsection is instituted prior to written notice to the Zoning Officer or does not terminate at the end of the forty-five-day period, the operator shall be subject to any and all penalties applicable for violations of the Zoning Ordinance of Berkeley Township. Nonprofit groups conducting sales utilizing no more than two three-foot-by-six-foot tables where said tables are set up within 10 feet of the entrance to the business are exempt from the provisions of this subsection.
[Amended 10-26-2020 by Ord. No. 20-37-OAB]
§ 35-94 PROHIBITED USES.
[Added 1-22-2018 by Ord. No. 18-02-OAB; amended 8-3-2021 by Ord. No. 21-29-OAB]
Prohibited uses are as follows:
a.
The sale of marijuana and paraphernalia associated with marijuana use is hereby prohibited within the Township of Berkeley.
§ 35-95 SCHEDULE 1 - SCHEDULE OF REQUIREMENTS.
[Editor's Note: Schedule 1 - Schedule of Requirements is included as an attachment to this chapter.]
§ 35-95A SCHEDULE 2 - SCHEDULE OF REQUIREMENTS.
[Editor's Note: Schedule 2 - Schedule of Requirements is included as an attachment to this chapter.]
§ 35-95B SCHEDULE 3-SCHEDULE OF REQUIREMENTS FOR CLUSTER DEVELOPMENT OUTSIDE THE PINELANDS AREA.
[Ord. No. 2015-22-OAB § 20]
[Editor's Note: Schedule 3 - Schedule of Requirements is included as an attachment to this chapter.]
§ 35-96.1 Rural Zones: R-400 and R-400 PRRC.
[Ord. No. 94-29 § 118-16.12; Ord. No. 96-27 § 1; Ord. No. 04-24-OAB § 2; Ord. No. 09-07-OA § 1; Ord. No. 11-27-OAB § 2; amended 12-16-2019 by Ord. No. 19-44-OAB]
§ 35-96.1A Conservation/Residential Zone.
[Ord. No. 04-24-OAB § 3; Ord. No. 05-10-OAB § 1; Ord. No. 09-07-OA § 1; amended 12-16-2019 by Ord. No. 19-44-OAB; 2-23-2021 by Ord. No. 21-04-OAB[1]]
a.
Permitted Uses.
1.
Detached single-family dwellings for residential purposes, together with their accessory structures.
2.
Public buildings of a governmental nature, public parks, playgrounds, and municipal golf courses.
3.
Essential services.
4.
Fish and wildlife management.
5.
Public service infrastructure.
6.
Community residences for the developmentally disabled.
7.
Boatyards and marinas.
c.
Area, Yard and Bulk Regulations. Area, yard and bulk regulations shall be as follows:
1.
The minimum lot area shall be three acres (130,680 square feet).
2.
The minimum lot frontage shall be 200 feet.
3.
The minimum lot depth shall be 200 feet.
4.
The minimum front yard shall be 75 feet.
5.
The minimum rear yard shall be 50 feet.
6.
The minimum side yard shall be 25 feet; 50 feet combined.
7.
The maximum building height shall be 35 feet.
8.
The maximum lot coverage by buildings shall be 10%.
d.
Supplemental Regulations. To more effectively preserve sensitive features of the area, reduce residential sprawl, preserve large expanses of open space, and encourage less internal roadway infrastructure and less vegetative clearing, a cluster option that maintains a one dwelling unit per three acre residential gross tract density shall be permitted subject to the following:
1.
Minimum tract size: 30 acres.
2.
The area, yard and bulk requirements for cluster lots shall be as set forth in Subsection 35-96.2 for the R-200 Zone, except that the maximum gross impervious tract coverage shall not exceed 10%.
3.
Tracts that employ the cluster option shall preserve 60% of the gross tract area as open space. The Township shall be given the right of first refusal to take title to open-space lands. If the Township decides not to take title to the open-space lands, a homeowners' association shall be established.
4.
Density should be shifted to areas that can best support the installation of site features, including dwellings; utilities; and associated site improvements. Principal and accessory buildings should be located in such a way as to minimize lot disturbance. Driveways should follow existing tree lines, lanes or hedge rows.
5.
All clustered units must be connected to a sanitary sewer and potable water system.
6.
New Jersey Department of Environmental Protection (NJDEP) delineated wetlands, and upland buffers shall be protected by conservation easements.
7.
Linkages to on-tract and off-tract adjacent open space and environmental features, such as stream corridors, shall be provided through lots via easements or dedicated rights-of-way.
[1]
Editor's Note: This ordinance also amended the title of this subsection, which was formerly Conservation Zone.
§ 35-96.1B Public Preservation/Conservation Zone.
[Ord. No. 04-24-OAB § 4; amended 12-16-2019 by Ord. No. 19-44-OAB; 2-23-2021 by Ord. No. 21-04-OAB]
a.
Permitted Uses.
1.
Detached single-family dwellings for residential purposes, together with their accessory structures.
2.
Public buildings of a governmental nature, public parks, playgrounds, and nature preserves.
3.
Essential services.
4.
Fish and wildlife management.
5.
Public service infrastructure.
6.
Community residences for the developmentally disabled.
7.
Boatyards and marinas.
c.
Area, Yard and Bulk Regulations. Area, yard and bulk regulations shall be as follows:
1.
The minimum lot area shall be three acres (130,680 square feet), provided sanitary sewer facilities are available. In the event that sanitary sewers are not available, the minimum lot area shall be five acres (217,800 square feet).
2.
The minimum lot frontage shall be 200 feet.
3.
The minimum lot depth shall be 200 feet.
4.
The minimum front yard shall be 100 feet.
5.
The minimum rear yard shall be 50 feet.
6.
The minimum side yard shall be 50 feet; 100 feet combined.
7.
The maximum building height shall be 35 feet.
8.
The maximum lot coverage by buildings shall be 10%.
§ 35-96.2 R-200, R-150, R-125, R-100 Zones.
[Ord. No. 94-29 § 118-16.13; Ord. No. 09-15-OA § 6; Ord. No. 11-25-OAB § 4; amended 12-16-2019 by Ord. No. 19-44-OAB]
b.
Conditional Uses.
1.
Hospitals, clinics and charitable institutions.
2.
Public utilities.
3.
Mining operations.
4.
Boatyards and marinas in accordance with § 35-127.4, except that no fuel docks or facilities for the construction or repair of boats or boat engines shall be permitted.
5.
Home occupations and professional offices.
6.
Schools.
7.
Places of assembly.
§ 35-96.2A R-90 Residential Zone.
[Ord. No. 08-16-OAB § 1; amended 12-16-2019 by Ord. No. 19-44-OAB]
§ 35-96.3 R-64, R-60, R-50, R-31.5 Zones.
[Ord. No. 94-29 § 118-16.14; Ord. No. 10-26-OA § 1; Ord. No. 2015-22-OAB § 2; amended 12-16-2019 by Ord. No. 19-44-OAB]
a.
Permitted Uses.
[Amended 10-26-2020 by Ord. No. 20-37-OAB]
2.
In the R-60 Zone District on a nonoceanfront site with existing or proposed shore protection structures (bulkheads), the single-family home or duplex and/or accessory structures shall be set back at least 15 feet from existing or proposed shore protection structures (bulkheads).
§ 35-96.4 R-MF Zone.
[Ord. No. 94-29 § 118-16.15; Ord. No. 2015-22-OAB § 12]
a.
Permitted Uses.
1.
All uses permitted in Subsection 35-96.2, except PRDs, in accordance with all standards and regulations applying to the R-100 Residential Zone District.
2.
Multiple-dwelling unit structures shall be in accordance with the following standards:
(a)
In the R-MF Zone Districts, the maximum density per net acre of lot area minus street and driveway area shall be 10 dwelling units per net acre.
No garden apartment structure shall contain fewer than four nor more than 12 dwelling units.
(b)
Driveways for ingress and egress shall connect with other than minor streets wherever possible and shall have a pavement width of at least 40 feet except where they are within a parking area, in which case they shall be not less than 25 feet in width. There shall be not less than two exit-entrance roads to each garden apartment project. All driveways and street construction shall be in accordance with Article X.
(c)
The minimum yard requirements of the Schedule apply to the entire tract, and no buildings shall be located within such yard areas. The minimum distance between buildings shall be 25 feet, except that no wall containing an entrance to a dwelling unit shall be closer than 50 feet to another wall of another structure or accessory building, measured perpendicular to the wall containing the entrance.
(d)
Parking areas may be located in any yard other than the required front yard, but not closer than 25 feet to any property line, and shall comply with all other requirements of the parking regulations applicable to all zones as provided in this chapter.
(e)
Courtyards bounded on three or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot of height of the tallest building.
(f)
Every building shall have a minimum setback of 10 feet from all interior roads, driveways and parking areas.
(g)
Every development shall be provided with garbage and refuse storage and collection areas suitable for containerized collection, screened from view by a solid fence or block wall on three sides and located away from the fronts of buildings. Collection shall be the responsibility of the owner.
(h)
In addition to any storage area within individual dwelling units, 200 cubic feet of storage area for each dwelling unit shall be provided in a convenient, centrally located area in the building, where personal belongings and effects may be stored under lock and separate from the belongings and effects of other occupants.
(i)
Walls of a structure or parallel walls of adjacent structures shall not continue in the same plane for a length of more than 75 feet without an offset of at least four feet.
(j)
Each development shall provide a recreation area or areas at a standard of 1,000 square feet for each 12 dwelling units. Outdoor recreation equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the development.
(k)
Laundry facilities may be located within structures for the use and convenience of residents of the project. Such facilities shall be appropriately controlled to preclude their use by nonresidents of the project.
§ 35-96.5 (Reserved) [1]
[1]
Editor's Note: Subsection 35-96.5, Residential Two Family Zone containing portions of Ord. No. 94-29 was repealed in its entirety by Ord. No. 2015-22-OAB, § 11.
§ 35-96.6 Residential One- to Four-Family Zone.
[Ord. No. 94-29 § 118-16.17; amended 12-16-2019 by Ord. No. 19-44-OAB]
a.
Permitted Uses.
1.
One-, two-, three- and four-family dwellings for residential purposes, together with their accessory structures.
One-family | Two-family | Three-family | Four-family | |
|---|---|---|---|---|
Residences | ||||
Minimum lot area (square feet) | 3,150 | 5,000 | 6,300 | 10,000 |
Minimum lot frontage (feet) | 45 | 50 | 90 | 70 |
Minimum front setback (feet) | 20 | 20 | 20 | 20 |
Minimum rear setback (feet) | 10 | 20 | 20 | 20 |
Minimum side setback (feet) | 5 | 7 | 10 | 15 |
Minimum both sides (feet) | 15 | 18 | 30 | 30 |
Maximum lot coverage (%) | 35 | 35 | 35 | 35 |
Maximum building height (feet) | 35 | 35 | 35 | 35 |
Accessory Buildings | ||||
Minimum rear setback (feet) | 5 | 5 | 5 | 5 |
Minimum side setback (feet) | 5 | 5 | 5 | 5 |
Connection to a central sewerage system in a manner acceptable to the Berkeley Sewerage Authority is required.
2.
Public buildings of a governmental nature, schools, public parks and playgrounds.
3.
Essential services.
§ 35-96.7 Residential Townhouse Zone.
[Ord. No. 94-29 § 118-16.18; Ord. No. 99-36-OAB § 5]
a.
Permitted Uses.
1.
All uses permitted in the R-4F Zone Districts in accordance with all standards and regulations applying to that zone.
2.
Attached single-family dwellings (townhouses) on a minimum tract of three acres with a maximum density of 10 dwelling units per acre of land area.
(a)
A minimum distance of 40 feet shall be maintained between principal structures. A minimum distance of 30 feet shall be maintained between any principal structure and any public street line or curbline of a private street, other than the westerly street line of Ocean Avenue. A minimum distance of at least 100 feet shall be maintained between the westerly street line of Ocean Avenue and any principal structure.
(b)
No freestanding accessory structures shall be permitted, other than those associated with community and/or recreational facilities or those associated with maintenance of the development. Any freestanding accessory structures shall be erected only in accordance with the approved site plan for the development.
(c)
Each townhouse dwelling unit shall have a minimum width of 20 feet.
(d)
No townhouse dwelling unit shall have less than one bedroom.
(e)
A one bedroom townhouse unit shall have a minimum gross floor area of 750 square feet; 1,000 square feet for a two bedroom townhouse unit; and 1,150 square feet for a three bedroom townhouse unit.
(f)
Each townhouse unit shall have a private balcony or yard area, or a combination of the two, of not less than 400 square feet in area.
(g)
Each townhouse unit shall be provided with two off-street parking spaces. Either of two methods must be used: one space within an integral garage with another space on a driveway leading to that garage, or both spaces within a collective parking lot, provided that the two parking spaces are within 150 feet of the unit they serve.
(h)
Collective parking lots shall be separated from each other, public or private roads or driveways and structures by a landscaped area of not less than 10 feet in width, which may include a walkway. One collective parking lots shall contain a maximum of 40 spaces.
(i)
Guest parking shall be provided, in addition to the requirement for each dwelling unit, at the rate of one off-street parking space for each five dwelling units.
(j)
The maximum structure height shall be 35 feet.
(k)
The maximum building coverage of the lot shall be 35%.
(l)
Internal roads may be private and treated as common open space for purposes of ownership and maintenance only, in which event the width of such roads may be reduced to not less than 28 feet. Private roads shall be constructed in accordance with the Township standards.
(m)
Each development shall provide improved recreation area at a standard of 1,000 square feet for each 10 dwelling units, including the installation of equipment and facilities appropriate to the marketing program for the units.
(n)
Connection to a central sewerage system in a manner acceptable to the Berkeley Sewerage Authority is required.
§ 35-96.8 Residential Low-Rise Zone.
[Ord. No. 94-29 § 118-16.19; Ord. No. 99-36-OAB § 6]
a.
Permitted Uses.
1.
All uses permitted in the R-31.5 Zone Districts in accordance with all standards and regulations applying to that zone.
2.
Low-rise residential structures on a minimum tract of 12 acres with a maximum density of 30 units per acre of land area.
(a)
A minimum distance shall be maintained between principal structures equal to the height of the taller of the buildings which the separation is between. A minimum distance shall be maintained between a principal structure and any public street line, except the westerly street line of Ocean Avenue, equal to the height of that principal structure. A minimum distance of 250 feet shall be maintained between the westerly street line of Ocean Avenue and any principal structure.
(b)
No freestanding accessory structures shall be permitted other than those associated with community and/or recreational facilities or maintenance of the development. Any freestanding accessory structures shall be erected only in accordance with the approved site plan for the development.
(c)
Each dwelling unit shall be provided with the required off-street parking spaces within garages which are an integral part of the principal structure or within collective parking lots, provided that one parking space is within 150 feet of an entry of the structure containing the dwelling unit which it serves.
(d)
Collective parking lots shall be separated from each other, public or private roads or driveways and structures by a landscaped area of not less than 10 feet in width; the same may include a walkway. One collective parking lot shall contain a maximum of 60 parking spaces.
(e)
Guest parking shall be provided, in addition to the requirement for each dwelling unit, at the rate of one off-street parking space for each 10 dwelling units.
(f)
The maximum structure height shall be 60 feet.
(g)
The maximum building coverage of the lot shall be 20%.
(h)
Dwelling units created under these regulations are not intended to be transient housing. Marketing programs will offer units either for sale under a condominium or a cooperative ownership association or for lease for a term of not less than 12 months. Any land area not to remain in the ownership of the developer or his successors shall be subject to the requirements and procedures of the Municipal Land Use Law and Article X.
(i)
Internal roads may be private and treated as common open space for purposes of ownership and maintenance only, in which event the width of such roads may be reduced to not less than 28 feet. Private roads shall be constructed to the standards set forth in Article 10.
(j)
Each development shall provide improved recreation area at a standard of 1,000 square feet for each 10 dwelling units, including the installation of equipment and facilities appropriate to the marketing program for the units.
(k)
The developer of any project within this zone district, which is exclusively an oceanfront district, will be expected to cooperate with the Township during the course of private improvements in furthering the dune restoration program of the Township on and adjacent to the property being developed.
(l)
Connection to a central sewerage system in a manner approved by the Berkeley Sewerage Authority is required.
§ 35-96.9 BR Beachfront Residential Zone. [1]
[Ord. No. 99-36-OAB § 4]
a.
Purpose. The purpose of this zone shall be to establish standards for the predominantly residential area governed by the Midway Beach Condominium Association. It is the intention of this subsection to maintain sufficient rear yard separation between existing cottages or homes, in particular, where a cottage or home has been expanded. Where there are existing nonresidential uses that do not conform with the new BR Beachfront Residential Zoning, those uses shall be considered preexisting nonconforming uses and shall be governed by ordinance standards for same.
b.
Permitted Uses.
1.
Detached single-family dwellings for residential purposes, together with their accessory structures.
2.
All dwellings which front on a lane and do not maintain any frontage on the Ocean shall be in accordance with the following standards:
(a)
The enclosed floor area of a dwelling may be extended from the rear wall of the structure a distance of not more than 12 feet from the present rear wall and a width not greater than the dimension of the present sidewall. A deck may be added to the rear of a dwelling provided the elevation of same shall not exceed 18 inches above ground level, and that said deck shall not cause a rear yard expansion to be greater than 16 feet from the original cottage or home. Further, the combination of the addition and deck shall not violate the minimum distance in the rear yard as set forth in Subsection h below.
(b)
An outside shower area of four feet by four feet shall be permitted off the rear of an existing dwelling. Said shower area may be constructed off the side of a dwelling provided the rear wall of the proposed shower area is aligned with the rear wall of the dwelling.
(c)
No extension, expansion or deck shall be permitted in the side yards except as per Subsection 35-96.9b2(b).
(d)
A ground level platform or sitting area may be added to the front of a dwelling. Said area shall not exceed three feet by the width of the dwelling and shall not be enclosed.
(e)
In no instance shall the height of any structure be increased above 14 feet (except to accommodate required base flood elevation and in that situation, the height of the dwelling space shall not be increased above 14 feet) nor shall any second story enclosed living space or storage space be permitted.
(f)
A shed may be permitted, however, shall not exceed 32 square feet (four feet by eight feet by eight feet). In no instance shall a shed exceed the height of any residential structure.
(g)
No fence shall exceed four feet in height. Fences can extend only the width of the cottage and in no instance can a fence extend into the rear alleyway. No fence shall be permitted which will encroach on the minimum rear separation area as per Subsection 35-96.9b2(h).
(h)
A minimum distance of six feet shall be maintained in the rear yard area between any expansion or deck and the rear wall or deck of another dwelling. In no instance shall a rear expansion, rear deck, outdoor shower area or shed be permitted to encroach into the minimum six feet wide rear yard separation area; the alleyway.
3.
All dwellings which have direct frontage on the Ocean shall be in accordance with the following standards:
(a)
All new and reconstructed dwellings shall maintain a front yard setback to Ocean Lane equivalent to the average front yard setback of all other Ocean front dwellings.
(b)
No new or reconstructed dwelling shall exceed 35 feet in height or 2 1/2 stories.
(c)
Exterior second story decks shall be permitted, provided that they shall not exceed twelve-foot length x the width of the dwelling.
(d)
Side yard decks shall not be permitted. This does not pertain to ground level walkways.
[1]
Editor's Note: Former Subsection 35-96.9, Waivers Applicable to Existing Multiple Lease Hold Properties with Existing Dwellings.
§ 35-101.1 Definition.
[Ord. No. 94-29 § 118-16.25A; Ord. No. 06-17-OAB § 9; Ord. No. 06-19-OAB § 9; amended 2-26-2018 by Ord. No. 18-03-OAB; 5-29-2022 by Ord. No. 22-13-OAB; 9-16-2024 by Ord. No. 24-45-OAB]
As used in this section:
Hereinafter referred to as "PRRC," shall mean a community having one or more parcels of land with a contiguous total acreage of at least 100 acres except within the RGR Zone which must have a continuous total acreage of at least 40 acres, forming a land block to be dedicated to the use of a planned retirement community; through its corporation, association or owners, the land shall be restricted by bylaws, rules, regulations and restrictions of record, and services for the benefit of permanent residents of communities which require that residents comply with the provisions, stipulations and restrictions regarding senior communities allowing occupancy of units by persons 55 years of age or older, as contained in the Federal Fair Housing Act,[1] as amended in 1988. Ownership of the residential units and the area comprising a PRRC may be in accordance with the provisions of N.J.S.A. 45:22A-21 et seq., or the ownership may be as is commonly referred to as "fee simple" with open space to be maintained through assessment against property owners within the confines of the community.
[1]
Editor's Note: See 42 U.S.C.A. § 3601 et seq.
§ 35-101.2 Zones Where Permitted.
[Ord. No. 94-29 § 118-16.25B; Ord. No. 01-21-OAB § 26; Ord. No. 06-17-OAB § 10; Ord. No. 06-19-OAB § 10]
A PRRC shall be permitted in the R-400 PRRC Zone. A PRRC shall also be permitted in the RGR Zone as a conditional use.
§ 35-101.3 Permitted Uses.
[Ord. No. 94-29 § 118-16.25C; Ord. No. 01-21-OAB § 27]
a.
Single-family detached dwellings.
b.
Recreational and cultural facilities for the sole use of the residents of the community and their guests, including the following: clubhouse, swimming pool, shuffleboard courts and picnic grounds. Recreational and cultural facilities shall not be limited to the foregoing, so that the applicant may propose additional facilities with its submission. All such facilities shall be subordinated to the residential character of the community, and no advertising shall be permitted.
c.
Those uses which are permitted in the Neighborhood Business Zone, which uses shall be limited to the commercial areas of the PRRC.
§ 35-101.4 Accessory Uses.
[Ord. No. 94-29 § 118-16.25D]
Necessary accessory buildings and uses shall be permitted, including facilities for maintenance, administration, streets and off-street parking facilities and utilities.
§ 35-101.5 Conditional Uses.
[Ord. No. 94-29 § 118-1.25E]
a.
Motel.
§ 35-101.6 Schedule of Minimum Requirements.
[Ord. No. 94-29 § 118-16.25F; Ord. No. 01-21-OAB §§ 28-31; Ord. No. 04-24-OAB § 5; Ord. No. 05-23-OAB § 1; Ord. No. 06-17-OAB §§ 11, 12; Ord. No. 06-19-OAB §§ 11, 12]
a.
Minimum Area. The minimum area for a planned residential retirement community shall be 100 contiguous acres under one ownership or control provided that an area less than 100 acres may be added to an existing PRRC if contiguous thereto and in compliance with the provisions of this section; however, the minimum lot area for a PRRC development in the RGR Zone shall be at least 40 acres.
b.
Gross Residential Density.
1.
The gross residential density shall be calculated by dividing the proposed number of dwelling units by the number of acres in the development, excluding land to be devoted to commercial use, land under permanent bodies or flowing streams of water, preexisting development of the tract and 1/2 of all land within a floodplain area as defined either in this chapter or any other ordinance of the Township of Berkeley.
2.
The maximum gross residential density in the R-400 PRRC Zone shall be no more than four dwelling units per acre.
3.
The as-of-right base gross residential density in the RGR Zone shall be no more than two dwelling units per acre except that gross residential density may be increased through the clustering of units pursuant to Subsection 35-110.3a1. Subsequent to any such clustering of residential units, gross residential density may be increased to a maximum of three dwelling units per acre through the use of Pinelands Development Credits in accordance with § 35-150.
c.
Height of Buildings. The height of any residential structure shall not exceed 35 feet and shall be limited to 2.5 stories; provided, however, that accessory buildings such as community and recreational buildings, maintenance buildings and commercial buildings may be three stories and 40 feet, and provided further that water towers, attendant facilities and similar structures shall have no height limit but shall be reviewed on an individual basis.
d.
Green Area or Open Space. Not less than 20% of the entire acreage of the PRRC tract shall be used for a green area or open space. "Green area" or "open space," for the purpose of this section, is defined as those areas of the PRRC tract not committed to use for residential buildings, public or private rights-of-way, institutional or administrative uses or commercial or business uses. There may be included in the green area those areas used for recreational purposes.
e.
Minimum Lot Size.
1.
Minimum lot size for single-family detached dwellings in a PRRC in the R-400 PRRC and RGR Zones shall be 5,000 square feet with an average width of not less than 50 feet.
f.
Single-Family Dwelling Setbacks. Front yards, side yards and rear yards of single-family dwelling buildings shall comply with the following minimum standards:
1.
Front yard setbacks shall be at least 20 feet. On a corner lot, all residential buildings shall be at least 20 feet from any street upon which the lot fronts.
2.
Side yards shall be regulated as follows:
(a)
R-400 PRRC and RGR Zone. In the R-400 PRRC Zone, a side yard shall be a minimum of five feet with a total of both side yards being 15 feet on each lot. In no event, however, shall buildings be less than 14 feet apart.
3.
The rear yard setback shall be at least 20 feet, as measured from the closest point of the rear wall of the principal building structure to the rear property line, provided that where an attached seasonal patio enclosure, screened porch, porch enclosure, wood deck or other seasonal building addition is provided or proposed, the required rear yard setback may be reduced to a minimum of 14 feet.
g.
(Reserved)
h.
Buffer Zone. No building nor structure other than entrances, gatehouses, walls and fences shall be located within 40 feet of any exterior boundary line of the tract.
i.
Minimum Floor Space Per Dwelling Unit. Efficiency unit, 700 square feet; one bedroom unit, 800 square feet; two bedroom unit, 900 square feet; three bedroom unit, 1,000 square feet.
j.
Off-Street Parking Requirements. At least the following number of off-street parking spaces shall be provided: 1 1/2 spaces for each dwelling unit and for each guest room or suite of a motel. Off-street parking for any other purposes shall be in accordance with § 35-63. A "parking space" is defined, for the purpose of this subsection, as being an area of 200 square feet and may be included in an attached or detached garage or carport.
§ 35-101.7 Specifications for Condominiums.
[Ord. No. 94-29 § 118-16.25G]
Plans for the development of condominiums shall be subject to the application, inspection, review and approval procedures for subdivisions or site plans, including but not limited to maps, plans, on-site inspections and fees. In the case of condominium development, the minimum requirements shall be as follows:
§ 35-101.8 Streets.
[Ord. No. 94-29 § 118-16.25H]
a.
Streets may be either dedicated to the public use or private in nature, at the option of the Board. In any event, same shall be constructed in accordance with the provisions of Article X.
b.
With the exception of those roads which are required to be dedicated for public use, all roads are to remain private roadways and are to be the property and responsibility of a homeowners' association or analogous body for the care and maintenance of the roadways, green areas and recreational facilities. Provisions shall be made for the permanent maintenance of private roadways located within a PRRC so that such roadways shall not become the obligation of the Township of Berkeley.
§ 35-101.9 Screening Strips.
[Ord. No. 94-29 § 118-16.25I]
There shall be provided an adequate screening strip along the exterior boundary lines of a PRRC, which screening strip shall consist of fencing or plantings or a combination of both, the adequacy of which shall be determined by the Planning Board.
§ 35-101.10 Water and Sewer Facilities.
[Ord. No. 94-29 § 118-16.25J]
No individual wells or individual sewage disposal systems shall be permitted. Each dwelling unit shall be served by a central water system and waste disposal system approved by the Berkeley Township Sewerage Authority, MUA, private water company, the State Board of Health and all applicable bodies. The implementation and placement of these facilities shall be subject to the requirements of this chapter.
§ 35-101.11 Improvements.
[Ord. No. 94-29 § 118-16.25K]
All improvements shall be in accordance with the requirements of Article X.
§ 35-101.12 Maintenance of Association-Owned Properties.
[Ord. No. 94-29 § 118-16.25L; amended 5-29-2022 by Ord. No. 22-13-OAB; 9-16-2024 by Ord. No. 24-45-OAB]
The maintenance of the green areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the Nonprofit Corporation Statute of the State of New Jersey (Title 15) and formed for that purpose. The applicant shall, in the form restrictions and covenants to be recorded, provided that title to the aforesaid enumerate areas shall be conveyed to the association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that in the event the nonprofit association shall cease to function through lack of participation of its members or be dissolved, the Township of Berkeley shall have the right by special assessment to assess the lot owners in the development or tract, annually, a sum of money which would be sufficient to pay the taxes on said park, recreational and other areas and for the proper upkeep, maintenance and preservation of same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township of Berkeley by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the applicant or any other party in interest to all owners of lots in the PRRC.
§ 35-101.13 Recreational Area.
[Ord. No. 94-29 § 118-16.25M]
a.
There shall be in each PRRC at least one clubhouse or community building. There shall be at least six square feet of clubhouse building space provided for each proposed dwelling unit. The clubhouse shall be completed and in operation before the one hundredth dwelling unit has been completed and a certificate of occupancy issued therefor.
b.
Each PRRC shall provide a site or sites for recreational facilities for the use of its residents. Recreational facilities shall include, but shall not be limited to, such facilities as shuffleboard lanes, barbecue grills, picnic benches and indoor recreational facilities. Swimming pools, not less than 2,500 square feet in size, shall be required where there are no beach facilities available to the residents within 1/4 mile of the site, which faculties are readily accessible to the residents of the community. Such additional recreational facilities may be required by the Board, in its discretion, as will be beneficial to the residents of the community. All grounds surrounding recreational and administrative facilities shall be appropriately landscaped and shall be provided with adequate walkways. Underground irrigation shall be installed for such areas.
c.
Where a PRRC is a conventional fee simple development, covenants and restrictions and plot plans shall indicate that recreational areas and green areas shall be dedicated to a homeowners' association or analogous body.
d.
Only those improvements and facilities which are to be dedicated to public use shall be bonded by the applicant.
§ 35-101.14 Procedural Requirements.
[Amended Ord. No. 06-68-OAB §§ 1, 2; Ord. No. 2017-30-OAB; Ord. No. 94-29 § 118-16.25N; 5-29-2022 by Ord. No. 22-13-OAB; 9-16-2024 by Ord. No. 24-45-OAB]
a.
All subdivision plans and site plans shall be submitted to the Planning Board in accordance with the requirements of this subsection and of this chapter. Where facilities proposed to be built are other residential dwellings, site plans shall be submitted in conformance with this chapter.
b.
At such time as the applicant or developer shall submit a subdivision plan or site plan for approval, the following shall also be submitted:
c.
The documents shall be forwarded to the Board and shall be subject to the review of the Board and of the Township Council as to their adequacy in ensuring that the community shall be constituted so as to be consistent with the purposes and requirements of this section. The proposed documents and restrictions shall indicate a comprehensive and equitable program for the orderly transition of control over the homeowners' association from the applicant or the developer to the actual homeowners in the community.
§ 35-101.15 Development.
[Ord. No. 94-29 § 118-16.25O; amended 12-16-2019 by Ord. No. 19-44-OAB]
Development of all the uses and facilities approved as part of the site plan or subdivision plan, other than neighborhood business uses, shall provide to the Township, prior to the issuance of a building permit, a copy of the approval issued by the homeowners' association (HOA) of said development. To assure compliance with this subsection, the Construction Code Official shall, from time to time following the approval of a PRRC, review all the building permits issued for the PRRC and examine the construction which has taken place on the site. If he shall find that any one type of use, including recreational facilities, is being developed at less than a comparable rate with the dwelling units, he shall report such fact to the Board and to the Township Council, which may take such action as they may deem appropriate, including issuance of stop-work notices or revocation of building permits, until such time as parity in development of the divergent uses is reached.
§ 35-101.16 Tanks.
[Ord. No. 94-29 § 118-16.25P]
a.
Tanks on Lots of Less than 60 Feet in Width. No tanks to be used for oil, propane and other similar type material shall be placed above ground on individual lots of less than 60 feet in width, unless the tanks are placed underground. The foregoing shall not apply to any tanks which were aboveground tanks which were approved for installation by the Township of Berkeley prior to the effective date of this chapter or to barbecue grills or other similar type equipment which is not affixed to the housing units. All underground fuel oil tanks shall be constructed of either fiberglass, a combination of fiberglass and steel-coated materials or such other materials which are Federally and/or State approved and determined by the Construction Official to be environmentally safe. The tanks shall be installed in accordance with Federal, State and local requirements. All propane underground tanks shall be constructed and installed in accordance with Federal, State and local requirements.
b.
Tanks on Lots of 60 Feet in Width or Greater. No tanks to be used for oil, propane and other similar type material shall be placed above ground in the side setback area of any lots of 60 feet in width or greater, unless the tanks are placed underground. The foregoing shall not apply to any aboveground tanks which were approved for installation by the Township of Berkeley prior to the effective date of this chapter or to barbecue grills or other similar type equipment which is not affixed to the housing units. Propane tanks only may be placed above ground in the rear yards of lots, provided that:
1.
The tanks do not extend beyond the units into the side yards, which shall be determined by extending the building line of the existing house to the back line of the building lot. No tanks will be visible from the street.
2.
The tanks are enclosed so that they are effectively concealed by shrubs, which shall not be less than the height of the tanks and shall not be more than one foot above the height of the tanks, or enclosed in wooden latticework, which shall be at a height not exceeding the height of the tanks.
§ 35-102 CLUSTER DEVELOPMENT.
[Ord. No. 94-29 § 118-16.26; Ord. No. 06-13-OAB § 1; Ord. No. 11-25-OAB]
a.
Definition. A "reduced lot size cluster development" is defined as a development of single-family detached dwellings which will preserve desirable open spaces, conserve floodplains and environmentally sensitive lands and provide recreational parks and land for purposes compatible with the residential uses by the reduction of lot sizes and by use of certain other regulations. It is not the intent of reduced lot size cluster developments to provide for increased density in the respective zones.
b.
Zones Where Permitted. In the R-400, R-400PRRC, and R-200 Zones, a reduced lot size cluster development may be permitted in an effort to develop single-family detached dwellings which will reserve desirable open spaces, conserve floodplains and provide recreational parks and lands for purposes compatible with the residential uses by the reduction of lot sizes and by use of certain other regulations. A conceptual saturation plan layout shall be submitted showing the total lot yield that could be realized from a conventional subdivision of the subject property pursuant to the current zone district requirements. In no event shall the lot yield permitted under a reduced lot size cluster development exceed the maximum number of lots to be permitted under a conventional lot layout for the respective zone district.
c.
Schedule of Requirements.
1.
A cluster development must consist of at least one or more contiguous tracts of land containing not less than 30 acres.
2.
The schedule of limitations for cluster development is as follows:
R-400 Zone | R-400 PRRC Zones | R-200 Zones | |
|---|---|---|---|
Minimum lot size (square feet) | 10,000 | 10,000 | 8,250 |
Minimum average lot size1 (square feet) | 12,000 | 12,000 | 8,500 |
Minimum lot width (feet) | 80 | 80 | 65 |
Minimum average lot width1 (feet) | 90 | 90 | 75 |
Minimum front yard (feet) | 25 | 25 | 20 |
Minimum average front yard1 (feet) | 30 | 30 | 25 |
Minimum rear yard (feet) | 40 | 40 | 35 |
Minimum side yard (feet) | 5 | 5 | 5 |
Minimum distance between dwellings (feet) | 20 | 20 | 20 |
Notes: | |
1 | Refers to average of all lots, not each lot. |
3.
Streets and Roads.
(b)
Local residential streets, as defined herein, shall be private in nature and shall be maintained by a homeowners' association which is more particularly described hereinafter. Every street shall have an easement of not less than five feet in width on each side of the pavement which shall provide for right of access to both the homeowners' association and the Township for purposes of utility installation or such other public purposes as may be deemed desirable. The width of the paved portion of private streets may be reduced to not less than 24 feet, upon request for waiver of the required width, only in the event that adequate off-street parking is provided. The first parking space provided within a garage shall count only as 1/2 space. All other spaces in garages, on driveways and in parking lots shall count as a full space. A minimum of two off-street parking spaces shall be provided for each dwelling unit, and off-street parking for guests shall be provided at the rate of one space for each five dwelling units. All required off-street parking shall be in garages, on driveways or on lots. Parking lots shall be separated from streets by curbs and/or grass strips so that no vehicle shall be required to back directly onto a street from a parking lot.
4.
Sidewalks. At the discretion of the Board, the necessity of sidewalks may be waived where the same will be located on local, collector or arterial streets, as defined in Article X herein, as long as adequate alternate pathways are provided throughout the development. The alternate pathways shall be designed to provide a circulation pattern between buildings and to accomplish maximum utilization of open space areas by making the same accessible. The alternate pathways shall have a minimum width of six feet, shall be of a surface approved by the Board and shall be constructed to standards required in Article X.
5.
Open-space Standards.
(a)
Land area equal to a minimum of 30% of the tract of land proposed for a cluster development shall not be included in lots and shall be set aside for open space.
(b)
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas.
(c)
The configuration of the open-space area should be so arranged that connections can be made to existing or future adjacent open spaces.
(d)
Land so dedicated for open spaces shall include, wherever feasible, natural features such as streams, brooks, wooded areas, steep slopes and other natural features of scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements.
(e)
Portions of the open space should be developed to afford both passive and active recreational opportunities. Passive recreational activities may include but are not limited to pedestrian paths, sitting areas and naturally preserved areas. Active recreational areas shall include but are not limited to such facilities as swimming pools, tennis courts, bicycle paths and ball fields. There shall be provided at least one field and at least one swimming pool for each 500 dwelling units or fraction thereof. The size, location and type of all such recreational facilities shall be approved by the Board.
(f)
Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this subsection the Construction Code Official shall, from time to time following the approval of the cluster development, review building permits and shall make an inspection of open space and recreational facilities to examine the work taking place on the site. If he shall determine that open space and recreational facilities are not being developed at the same rate as dwelling units, he shall report such back to the Board and Township Council, which may take such action as it may deem appropriate, including the issuance of stop-work notices or revocation of building permits until such time as parity in development has been reached.
(g)
The Board and/or Township Council may require certain site preparation improvements to the open space. Either agency may provide that the site preparation improvements are made a part of the plan and are noted therein. Some may include the following.
(1)
Removal of dead trees or diseased trees.
(2)
Thinning of trees or other growth to encourage more desirable growth.
(3)
Removal of trees in areas planned for ponds, lakes or active recreational facilities. The Board may require the assistance of experts to determine the foregoing.
(4)
Grading and seeding.
(5)
Improvement or protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.
(h)
Wherever possible, all the following land areas and features shall be preserved as open space:
6.
Building Lot Standards. Whenever possible, buildings shall front on cul-de-sacs, loop streets or P-loops. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development.
§ 35-102.1 Cluster Development in the Pinelands Forest Area.
[Ord. No. 2012-16-OAB § 6]
a.
In the FAR-5, FAR-30 and FAR-30C Zones, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
2.
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection a1 above, with a bonus applied as follows:
Parcel Size | FAR-5 Zone | FAR-30 and FAR-30C Zones |
|---|---|---|
<50 acres | 0 | 0 |
50 to 99.99 acres | 15% | 25% |
100 to 149.99 acres | 20% | 30% |
>150 acres | 25% | 40% |
3.
The residential cluster shall be located on the parcel such that the development area:
4.
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(c)
Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of Subsection 35-159.b4 may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection 5(b)(2) below, individual on-site septic waste water treatment systems shall comply with the standards of Subsection 35-159.b5 or N.J.A.C. 7:50-10.21-10.23. Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of Subsection 35-159.b5 or N.J.A.C. 7:50-10.21-20.23 shall also be permitted;
(d)
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
5.
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Berkeley Township or incorporated as part of one of the lots within the cluster development area.
(a)
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Berkeley Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed for:
(1)
Low intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 35; and
(2)
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[a]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;
[c]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection (b)(2)[b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection (b)(1) above and shall not provide for continuation of any agricultural use on the parcel;
[d]
The deed of restriction to be recorded pursuant to Subsections (b)(2)[a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Ocean County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[e]
For parcels which meet the standards of Subsections (b)(2) [a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.
§ 35-103.1 Definitions.
[Ord. No. 94-29 § 118-16.27A]
As used in this section, the following terms shall have the meanings indicated:
Shall mean a landowner or authorized agent who has filed an application for a PRD development in accordance with the provisions and regulations of this section.
Shall mean a parcel or parcels of land or an area of water, or a combination of land and water, within a PRD, designed and intended for the use of the residents of the PRD, not including streets, off-street parking areas, private yard space and areas set aside for public facilities. "Common open space" shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for recreational use by the residents. The feasibility of use by the residents of the parcel or parcels of land or area of water, or combination of land and water, shall be subject to and conditioned upon the approval and consent of the Board.
Shall mean a proposal for the development of a PRD, prepared in accordance with this section, including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities and site plans.
Shall mean a complete eating, sleeping, cooking and bathroom facilities for one family or household. The term "dwelling unit" shall include single-family detached units, townhouse units and garden apartment units.
Shall mean the calculated number of dwelling units per acre in a PRD, computed by dividing the proposed number of dwelling units by the number of acres in the development, excluding land to be devoted to commercial use, land under permanent bodies or flowing streams of water, preexisting development of tract and 1/2 of all land within a floodplain area as defined either in this chapter or any other ordinance of the Township of Berkeley.
Shall mean the legal or beneficial owner or owners of land within the development; the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a leasee having a remaining term of not less than 40 years; or any other person having proprietary interest in the land.
Shall mean an incorporated organization of homeowners within a planned residential development to which all homeowners automatically belong. The purpose of the organization is to own, maintain and preserve common open-space land, and the costs thereof are to be shared equitably among the members of the organization, subject to the amount of land and structure or structures owned thereon by each of the members.
Shall mean an organization in which all common open-space land is deeded to a trustee through a deed of trust. The trustee owns, maintains and preserves the common open space. All residents have an easement over the surface of common open-space land and share equitably in the cost of maintenance and development. The vehicle for the administration of the trust shall be a nonprofit corporation formed pursuant to Title 15 of the New Jersey Statutes.
Shall mean the land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage.
Shall mean an open-space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency or other public body for recreational or conservational uses.
Shall mean a development-wide system designed to collect, centrally treat and dispose of sewage from the development.
ARTERIAL STREETshall mean a major street for carrying a large volume of through traffic in the area and on which traffic is normally controlled by traffic signs and signals.
COLLECTOR STREETShall mean a main street within the neighborhood or development which intercepts local streets and on which traffic is controlled by signs.
LOCAL STREETShall mean a residential street or access road to individual properties.
Shall mean a development-wide supply system designed to transmit water from a common source to residents of the development.
Shall mean a supply system servicing a major portion of a municipality or municipalities, developed and administered by a governmental agency or authority.
§ 35-103.2 PRD Eligibility Requirements.
[Ord. No. 94-29 § 118-16.27B]
No application for approval of a PRD development shall be considered unless the following conditions and requirements are met:
a.
The PRD development must consist of one or more contiguous pieces of land under one ownership containing not less than 150 acres of land. The tract may be divided by existing public streets, which may be retained as a part of the plan for development or relocated in accordance with an approved development plan.
b.
The land area of the proposed PRD must be entirely within the R-400 or R-200 Zone.
c.
Where the proposed PRD has frontage on an arterial or collector road as designated on the Municipal Master Plan, all of such frontage shall be included in the area for which initial application is made. To qualify, the proposed land for a proposed PRD must have a minimum frontage of 200 feet on an arterial or collector road as designated on the map.
§ 35-103.3 Permitted Uses.
[Ord. No. 94-29 § 118-16.27C; Ord. No. 11-25-OAB]
a.
Detached single-family dwellings.
b.
Attached single-family dwellings.
c.
Garden apartments.
d.
Professional or business office uses, including bank branches.
e.
Institutional uses, such as public or private schools, nursery schools, day care centers, churches, community activity centers, nursing homes.
f.
Uses as are allowed in the Neighborhood Business Zone.
g.
Restaurants.
h.
Fire and first aid stations.
i.
Marinas, provided no facilities for the construction or repair of boats or boat engines shall be permitted. The ownership, operation and maintenance of such marinas shall be the responsibility of the homeowners' corporation, and their use shall be exclusively for the residents of the PRD. No more than one marina shall be permitted per PRD, and no access by the public shall be allowed.
[Added 12-16-2019 by Ord. No. 19-44-OAB]
§ 35-103.4 Permitted Accessory Uses.
[Ord. No. 94-29 § 118-16.27D]
a.
Common open space and recreational facilities.
b.
Public open space and facilities.
c.
Required off-street parking areas.
d.
Temporary sales and rental offices located as shown on plans, limited to sale and/or rental of dwelling units and retail space within the PRD development. Such uses shall be limited to one year from the date of final approval of any PRD application. Extensions may be granted by the Board.
§ 35-103.5 Density Requirements.
[Ord. No. 94-29 § 118-16.27E]
The following density requirements are comprehensive standards which apply to the entire PRD tract:
a.
The gross residential density of the PRD shall not exceed four dwelling units per acre; in no case shall more than 40% of the total number of proposed dwelling units be for any one housing type.
b.
The percentage of the total PRD land area devoted to nonresidential uses, as prescribed in the previous section, shall be no more than 15% of the total PRD in land area.
c.
The percentage of the total PRD site to be devoted to common open space shall be no less than 20%.
§ 35-103.6 Site Analysis Standards.
[Ord. No. 94-29 § 118-16.27F]
It shall be the responsibility of any applicant for a PRD to supply to the Board the following reports and plans concerning the natural features of the site:
a.
Hydrology. Analysis of the natural drainage patterns in the site area, including denoting of surface water, marsh, floodplain, permanent high water table and seasonal high water table areas throughout the site.
b.
Geological. Analysis of the characteristics of rock formations underlying the site, including defining of aquifers (particularly those subject to pollution), shallow bedrock areas and areas in which rock formations are unstable.
c.
Soils. Analysis of the types of soils present in the site area, including defining of prime agricultural soils, aquifer recharger soil areas, unstable soils and soils susceptible to erosion.
d.
Topography. Analysis of the terrain of the site, including designation of slope areas over 15% those between 8% and 15% and those under 8%.
e.
Vegetation. Analysis of the land cover of the site, including designation of forest and woodland areas, meadowland areas and areas with little or no ground cover.
§ 35-103.7 Site Design Requirements and Regulations.
[Ord. No. 94-29 § 118-16.27G]
a.
Conventional practices such as building setbacks from streets and minimum distances between buildings may be varied in order to produce a more attractive and interesting arrangement of buildings; provided, however, that no structure shall be located closer than 30 feet to a public street, or curbline if a private street.
b.
The effects of prevailing winds, seasonal temperatures and daily hours of sunlight shall be taken into account in designing and placing dwelling-unit structures.
c.
Dwelling-unit structures should be located and placed so as to promote pedestrian and visual access to common space wherever possible.
d.
No structure shall be located within 30 feet of the right-of-way line of access roads.
e.
No dwelling unit shall be located within 50 feet of any perimeter property line.
f.
Dwelling units and other structures located near the periphery of the PRD shall be designed so as to be harmonious with neighboring areas. Only detached single-family dwellings or open space shall abut a tract boundary which is also the boundary line of another parcel of less than five acres containing a single-family detached dwelling.
§ 35-103.8 Site Development Requirements for Commercial Uses.
[Ord. No. 94-29 § 118-16.27H]
a.
All commercial uses shall be located in such a manner as to serve residents of the PRD and further to encourage walking consumer patronage to such areas.
b.
All nonresidential uses, with the exception of common open space, shall be located with direct access to either a collector or arterial street. If the total parking requirement for such use is 100 parking spaces or more, the use must be located on a major collector or arterial street.
§ 35-103.9 Site Development Requirements for Common Open Space.
[Ord. No. 94-29 § 118-16.27I]
a.
The location, shape, size and character of the common open space shall be provided in a manner consistent with the objectives for PRD set forth in the section, with emphasis being placed upon the enhancement and conservation of natural features, and consistent with the municipality's plans for recreation and conservation set forth in the comprehensive plan and with floodplain conservation regulations as set forth in this chapter and other applicable Township ordinance.
b.
The uses authorized for the common open space must be appropriate to the scale and character of the PRD, considering its natural features, size, land use intensity, potential population and the number and types of dwelling units to be developed. Common open-space areas may be used as park, playground or recreational areas, including golf courses, swimming pools, equestrian trails and centers, tennis courts, shuffleboard courts, basketball courts and similar facilities; woodland or stream conservation areas; pedestrian walkways, streamcourse or drainage control areas.
c.
The common open space shall be designed as a contiguous area, with pedestrian and visual accessibility by all residents of the PRD.
d.
Unique natural features such as large trees or stands of trees, watercourses or falls and scenic views shall be preserved.
e.
Development of the PRD shall be so planned as to coordinate the improvement of common open space and the construction of dwelling units. In those instances where more than one type of residential dwelling is contemplated, such definite types of dwellings shall be developed in such proportion of one type to the other type or types contemplated as shall be approved by the Board.
f.
Land under permanent bodies or flowing streams of water and preexisting tract development shall not be used in computing common open space. In any event, any area in a floodplain as designated by the State or local authorities may be used only to 1/2 of its area in computing common open space. At least 10% of the gross area must be common open space other than floodplain. At least 5% of the gross area shall be common open space free of structures or other improvements.
g.
Where the Township shall accept dedicated properties for use for public buildings and accessory facilities, this land shall be included in any computation of common open-space area.
h.
All open-space area shall be graded and seeded by the developer during the course of construction unless the Township approves or directs the maintaining of all or a portion of such open space in its natural state or with minor specified improvements, in which case it will be disturbed only as necessary to make the specified improvements.
§ 35-103.10 Streets.
[Ord. No. 94-29 § 118-16.27J]
The street system of a PRD shall be so designed as to:
a.
Create a separation of automobile and pedestrian and/or bicycle circulation through a hierarchy of roadway functions and design and pedestrian walkways. The requirement for sidewalks within a street right-of-way as may be waived to accomplish this objective, provided that alternative pathways shall be a minimum of six feet in width, shall be of a surface approved by the Board and shall be constructed to standards set forth in Article X.
b.
Relate harmoniously to land uses within and adjacent to the PRD.
c.
Create efficient and safe connections with the existing road system of the municipality in order to ensure proper ingress to and egress from the PRD.
d.
Minimize through traffic in residential areas.
e.
Fulfill the objectives of the circulation plan portion of the Master Plan of the Township.
§ 35-103.11 Parking.
[Ord. No. 94-29 § 118-16.27K]
Unless otherwise specifically provided herein, parking requirements shall be as set forth in § 35-63, Off-Street Parking.
a.
Where collective off-street parking is provided, at least one off-street parking space shall be within 150 feet of the dwelling unit which it serves. Parking spaces for single-family detached dwellings shall be on the same lot, and the first space provided in a garage shall not be counted toward the minimum.
b.
Off-street parking areas shall not be included when calculating required common open space, but residential off-street parking areas other than those on lots with single-family detached homes and private streets within the development shall be so encumbered that the homeowners' corporation shall be responsible for maintenance.
c.
Parking areas shall be so arranged so as to prevent through traffic to other parking areas.
§ 35-103.12 Lighting.
[Ord. No. 94-29 § 118-16.27L]
a.
All streets, off-street parking areas and areas of high pedestrian use shall be adequately lighted. All such lighting shall be designed and located as set forth in Article X and so as to direct light away from adjacent residences and to keep reflected light at a minimum.
b.
Adequate lighting shall be provided after dark for walkways and to identify steps, ramps and signs. Such lighting shall be designed and located so as to direct such light away from adjacent residences and to keep reflected light at a minimum.
§ 35-103.13 Refuse Removal.
[Ord. No. 94-29 § 118-16.27M]
Refuse stations to serve residential, recreational or commercial areas shall be designed as required in Article X with suitable screening, and located so as to be convenient for trash removal and not offensive to nearby residential areas.
§ 35-103.14 Common Open Space; Ownership, Preservation and Maintenance.
[Ord. No. 94-29 § 118-16.27N]
The developer shall make provisions which ensure that the open-space land shall continue as such and be properly maintained in perpetuity. The developer shall utilize the following method of ensuring the preservation and maintenance of common open-space land:
a.
The developer shall provide for and establish an organization for the ownership and maintenance of all or a specified part of common open-space land. The organization shall be a nonprofit homeowners' corporation.
b.
The organization shall be organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.
c.
Membership in the organization shall be mandatory for all residents of the PRD.
d.
The organization shall be responsible for the maintenance of insurance and taxes on common open space.
e.
The members of the organization shall be responsible for bearing equitably the costs of maintaining and developing common open space in accordance with procedures established by them.
f.
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.
g.
In the event that the organization established to own and maintain a common open space, or any successor organization, shall at any time after establishment of the PRD fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the municipality may serve written notice upon such organization or upon the residents and owners of the PRD, setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and the notice shall include a demand that deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereof, which shall be held within 14 days of the notice. At such hearing, the municipality may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within the 30 days or any extension thereof, the municipality, in order to preserve the taxable values of the properties within the PRD and to prevent the common open space from becoming a public nuisance, may enter upon the common open space and maintain the same for a period of one year. The entry and maintenance shall not vest in the public any rights to use the common open space, the use of which shall be restricted to the residents of the PRD who are members of the homeowners' corporation, except when the common open space is voluntarily dedicated to the public by the residents and owners. Before the expiration of the year, the municipality shall, upon its own initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing, upon notice to such organization or to the residents and owners of the PRD to show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year. If the municipality shall determine such organization is not ready and able to maintain the common open space in a reasonable condition, the municipality may, in its discretion, continue to maintain the common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.
h.
The cost of such maintenance by the municipality shall be assessed ratably against the properties within the PRD that have a right of enjoyment of the common open space and shall become a tax lien on the properties. The assessments or charges shall be subordinate in lien to the lien of a mortgage or mortgages on the property which is subject to such assessments or charges regardless of when the mortgage or mortgages were created or whether such assessments or charges have become payable prior to the passing of title under foreclosure of such mortgage or mortgages, and the transferee shall not be liable for payment of any assessments or charges accruing after sale under foreclosure of such mortgage or mortgages; and provided further that such charges accruing after sale shall also be subordinate to the lien of any further mortgage or mortgages which are placed on property subject to such assessments or charges, with the intent that no such charges shall at any time be prior in lien to any mortgage or mortgages whatsoever on such property. The municipality, at the time of entering upon the common open space for the purpose of maintenance, may file a notice of such lien in the office of the Clerk of the County upon the properties affected by such lien within the PRD.
i.
In accordance with the provisions of the development plan relating to use, bulk and location of buildings and structures, the quantity and location of common open space and the intensity of use or the density of residential units, such provisions shall run in favor of the municipality and shall be enforceable in law or in equity by the municipality without limitation on any power of regulation otherwise granted the municipality by law. The development plan shall specify which of its provisions run in favor of and are enforceable by the residents of the PRD and, in addition, the manner in which such residents may modify or release such rights.
j.
The nonprofit homeowners' corporation shall be incorporated pursuant to Title 15 of the New Jersey Statutes. The corporation shall be directed by a Board of Trustees of not less than seven nor more than 11 persons. The organization, procedures and officers of the Board of Trustees shall be in accordance with bylaws initially approved by the Township Attorney but which provide a mechanism for amendment by favorable vote of a specified majority.
k.
The initial Board of Trustees shall be appointed by the developer and at least one member thereof shall be a resident of the development. In the event there are not yet any residents at the time of appointment, at least one position shall be reserved for the later appointment of a resident, which shall be performed within 90 days of the first day of occupancy by a resident who is not also an employee of the developer.
l.
The terms of the initial appointees to the Board of Trustees shall be staggered among terms of not less than one year and not more than three years. Thereafter all appointed or elected terms shall be three years.
m.
The developer shall have the exclusive right to nominate and elect the members of the Board of Trustees, or any number thereof, for a period of 10 years from the date of the first sale or until the occupancy of 75% of all proposed units is effectuated, whichever shall first occur; provided, however, that at least one member of the Board of Trustees shall be a resident of the development.
n.
After more than 75% of all proposed units in the development are occupied or after 10 years from the date of the first sale, whichever shall first occur, the replacement of the members of the Board of Trustees who resign or whose terms expire shall be by election by the resident members; provided, however, that the developer shall be assigned at least two seats on the Board of Trustees to which it may appoint a person of its choice until all the units in the proposed development have been occupied.
o.
Regardless of the manner in which common open-space land is occupied or developed, all other areas of the development which are not occupied by buildings, public streets or other required and/or approved public improvements, or by lots which are plotted for sale, shall be deeded to the homeowners' corporation for maintenance.
§ 35-103.15 Dedication of Common Open Space.
[Ord. No. 94-29 § 118-16.27O]
Where there is an offer for dedication by the developer of any portion of the common open-space land, same shall be subject to the following:
a.
Any such land shall be included when computing area and percent of open space.
b.
Not more than 2 1/2% of the gross area shall be taken for public buildings.
c.
An offer for dedication neither places nor implies any obligation on the Township to accept such land. The Township may elect to accept all, some or none of the land so offered for dedication, but land not accepted by the Township shall be deeded to a homeowners' corporation.
§ 35-103.16 General Regulations.
[Ord. No. 94-29 § 118-16.27P]
Development of all uses and facilities, including different types of residential uses and recreational uses, except business or commercial uses, shall proceed at the same or comparable rate. To ensure compliance with this section, the Construction Code Official shall from time to time following the approval of the PRD, review all of the building permits issued for the PRD and examine the construction which has taken place on the site. If he shall find that the development of any one type of use has been developed at a lesser rate than any other type of use, then he shall report such fact to the Planning Board and the Township Council, which may take such action as may be appropriate, including issuance of stop work notices or revocation of building permits until such time as parity in development of uses is reached.
§ 35-104.1 Purpose.
[Ord. No. 07-03-OAB § 1.01]
a.
Provide mixed-use development standards for the Town Center contemplated by the Berkeley Township Visioning Process, September 2002 Municipal Profile and the Berkeley Township Master Plan Re-Examination Report, 2003. See Exhibit "A" for a list of affected lots and blocks;
[Editor's Note: Exhibit A, referred to herein is included as an attachment to this chapter.]
b.
Promote development of a compact, pedestrian-oriented town center, with the potential for twenty-four hour activity, which is developed in a manner consistent with Berkeley Township's American Colonial and Seaside architectural themes and consists of high-intensity retail and employment facilities, vibrant and dynamic mixed-use areas, open space and recreation facilities and residential living environments that provide a broad range of housing types for an array of housing needs;
c.
Promote a diverse mix of residential, business, commercial, office, institutional, educational, recreational and cultural and entertainment activities for workers, visitors, and residents;
d.
Encourage pedestrian-oriented development at densities and intensities that will help promote transit usage, interconnected uses and town center businesses;
e.
Promote the health and well-being of residents by encouraging physical activity, alternative transportation options and greater social interaction;
f.
Create a center that represents a unique, attractive and memorable destination for visitors and residents;
g.
Encourage lively, human-scaled activity areas and gathering places through the promotion of high-quality urban design;
h.
Ensure that all buildings are consistent with and enhanced by high-quality streetscape amenities; and
i.
Accommodate off-street parking in a convenient manner that does not interfere with the rhythm of the street network and building facades.
§ 35-104.2 Subdistricts. [1]
[Ord. No. 94-29 § 118-16.7; Ord. No. 07-03-OAB § 1.02; Ord. No. 2017-13-OAB §§ 2 - 4; Ord. No. 2017-24-OAB §§ 3-5]
The Town Center District consists of six mapped subdistricts (See Exhibit "B") that reflect the location of desired uses within the Town Center area. They are as follows:
[Editor's Note: Exhibit B is included as an attachment to this chapter.]
a.
Mixed-Use Subdistrict.
1.
The Mixed-Use Subdistrict is located throughout the Town Center and encourages a mix of uses (i.e., residential/nonresidential) with active ground floor uses, specifically retail and restaurant on street-level, office on mid-level, and residential on top-level for three story buildings, or retail and restaurant on street-level and residential or office on top-level for two story buildings.
2.
New residential-only uses shall be permitted when not in conjunction with a nonresidential use in only 17% of the total land area devoted to the Mixed-Use Subdistrict. Any new residential only development proposed shall be located in the northern portion of the Subdistrict along the Borough of Beachwood border to function as a buffer for the residential uses located in the adjacent municipality. The standards governing new residential-only development shall conform to Subsection 35-104.2d, Residential Subdistrict.
3.
With the exception of the residential-only uses as permitted in Subsection 2 above, all residential uses shall only be permitted when developed as part of a mixed-use development with nonresidential uses incorporated.
4.
All nonresidential floor space provided on the ground floor must have a minimum floor-to-ceiling height of 10 feet.
5.
Solid security gates or solid roll-down metal windows shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frame. Security grills shall be recessed or concealed during normal business hours.
6.
Parking for mixed-use and nonresidential uses shall be confined to on-street parking, public parking areas or shall be located to the rear of the building and sufficiently buffered, screened and landscaped from all adjoining uses.
7.
No parking areas shall be permitted between the street right-of-way and the front or side facade of a building.
8.
Only one commercial vehicle per residential dwelling unit shall be permitted to park on a lot/s accommodating said residential dwelling. Additionally, the provisions of § 35-92, Trucks in Residential Areas shall apply to property to all property.
9.
No drive-through facilities or features associated with any use shall be permitted.
10.
Transparency.
(a)
A minimum of 60% of the street-facing building facade between three feet and eight feet in height must be comprised of clear windows that allow views of indoor nonresidential space or product display areas.
(b)
The bottom edge of any window or product display window used to satisfy the transparency standard of Subsection (a) above may not be more than three feet above the adjacent sidewalk.
(c)
Product display windows used to satisfy these requirements must have a minimum height of four feet and be internally lighted.
11.
Permitted Uses.
(a)
Existing single-family detached dwellings.
(b)
Multi-family attached townhouse, condominium, stacked townhouse and apartment dwellings in accordance with Subsection 35-104.2a2 and 3 above.
(d)
Retail establishments with no more than 15,000 square feet of gross leasable floor area on the first floor providing for the sale of dry goods, variety and general merchandise, sporting goods, books, clothing, shoes, pet supplies, meat market, specialty food shop, pharmacy, household supplies, nonalcoholic beverages for on- and off-site consumption, alcoholic beverages for off-site consumption only, hardware, furnishings, home theater and home audio and video products and services, music and videos (CD's, cassettes, videos, DVDs, records, etc.), antiques, baked goods, greeting cards, plants and flowers; and the sale and repair of jewelry, watches, clocks, electronics, optical goods, musical (including rentals and lessons), professional and scientific instruments.
(1)
A retail tenant desirous of accommodating a gross floor area greater than 15,000 square feet shall be permitted to do so by utilizing second story space and as a bonus shall be permitted to increase its total gross floor area for both floors to 45,000 square feet.
(e)
Business office, such as real estate sales, travel agency, insurance sales, advertising, or retail copy and printing services.
(f)
Professional office, such as those for the practice of medicine or other health services, or for law, engineering, architecture, or accounting.
(g)
Personal service shop, such as tailor, barber, beauty salon, shoe repair, tanning salon, dressmaker, dry cleaner (provided that no cleaning operations are performed on the premises) or self-service laundry.
(h)
Establishment serving food or beverages (alcoholic and nonalcoholic) to the general public, such as restaurant, cafe, delicatessen, tavern, retail baker, confectionery or ice cream/Italian ice shop, including walk-up windows.
(i)
Retail bakeries selling more than 50% of its product to walk-in clients.
(j)
Physical fitness centers and health club.
(k)
Home health and medical equipment showroom.
(l)
Artist studios and lofts.
(m)
Financial institution, such as a bank or savings and loan association, excluding check cashing business.
(n)
Religious institutions and their ancillary uses.
(o)
Private clubs and fraternal organizations.
(p)
Child care and early-learning facilities.
(q)
Pet grooming without boarding facilities.
(r)
Studio for dance, music, fitness, martial arts, art or photography.
(s)
Gallery and museum.
(t)
Theatre, including motion pictures and stage plays, but excluding any adult entertainment venues.
(u)
Bed and breakfast inn and bed and breakfast house.
(v)
Hotel, motels, and extended stay establishments provided they are not used as single room occupancies, transient or residential hotels, or boarding houses that allow occupancy for more than 45 days.
(w)
Government administration uses, post office, community center, public library, offices for public utilities, and police, EMS and fire substations.
(x)
Transit facilities.
(y)
Public park, plaza, square, courtyard, urban garden, and public recreation areas.
(z)
Outdoor dining.
(aa)
Pedestrian take-out window.
(bb)
Surface parking lot.
(cc)
Parking structures.
12.
Conditional Uses.
13.
Permitted Temporary Uses.
(a)
Street vendors.
(b)
Farmer's market.
(c)
Seasonal outdoor retail sales provided:
(1)
That the duration of time does not exceed 45 consecutive days for seasonal items or temporary activities, not more than two times per calendar year per property.
(2)
The area of the required parking setback for the zone in which the property is located shall be kept free of all activity, goods or equipment. The operation shall be such that no traffic safety hazard is created by the parking of vehicles, the manner in which the vehicles will leave and enter the adjacent roadway, or the on-site lighting. All signs shall conform to regulations of the TC District or the Land Development Ordinance, even if temporary.
(3)
The Zoning Officer shall be informed in writing of the nature of the activity and the date on which such sales are to commence. No goods shall be stored on the site until that date. In the event that any activity permitted by this subsection is instituted prior to written notice to the Zoning Officer or does not terminate at the end of the forty-five-day period, the operator shall be subject to any and all penalties applicable for violations of the Zoning Ordinance of Berkeley Township.
(d)
Outdoor art and craft shows, antique shows, flea markets, or group activities, within parking areas in any district. A maximum of seven consecutive days is allowed per calendar quarter.
(e)
Circuses, carnivals, or similar amusement enterprises. A maximum of 14 days is allowed per calendar year. Safety certification of all rides and equipment is required to be presented to the Building Official.
14.
Prohibited Uses.
(a)
Automobile or other vehicle sales and service, or repair establishments, including vehicle body repair, vehicle painting or washing.
(b)
Drive-through features associated with any use.
(c)
Gasoline service station and filling station.
(d)
Self-service storage facilities (mini-warehouses).
(e)
Sexually oriented businesses and services.
(f)
Commercial advertising billboard signs.
(g)
Check cashing business.
(h)
Stand-alone bar with a liquor to food sale ratio exceeding 40%.
(i)
Massage parlors.
(j)
Sale of firearms.
(k)
Tattoo parlors.
(l)
Single room occupancies, transient or residential hotels and boarding houses of any type.
(m)
Wholesale vending and distribution establishments.
(n)
All permitted and prohibited uses identified in § 35-107 Industrial Zones, unless specifically listed in the permitted use (Subsection a11) of this Subdistrict.
(o)
Metal, single- and multi-story garage structures erected for the purpose of storing contractor vehicles and/or equipment.
(p)
Any use not specifically stated under the permitted use (Subsection a11) of this Subdistrict.
15.
Bulk Standards:
(a)
Minimum lot size: 3,500 square feet.
(b)
Minimum lot width: 35 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Build-to-line. Buildings shall be built to the sidewalk; or
(e)
Minimum side yard setback. Five feet, except when abutting residential zone district or existing residential use then 15 feet shall be required.
(1)
There shall be no side yard setback for buildings that share a party wall. The setback between buildings shall be 10 feet (five feet per each building or lot line) when not sharing a party wall. Additionally, any required side yard setback that results in the creation of a functioning alleyway, as determine by the Planning Board, shall be pedestrian friendly, handicap accessible, lighted, landscaped and complementary of the adjacent building architecture and streetscaping.
(f)
Minimum rear yard setback. Ten feet, except when abutting a residential district or residential use then 15 feet shall be required.
(g)
Maximum impervious coverage: 30%.
(h)
Building height:
(1)
In general, buildings shall be a maximum height of 35 feet.
(2)
Buildings with frontage along the primary east-west entryways shall be permitted at a maximum height of 45 feet provided the development incorporates a mix of uses that includes residential units on the top floor.
(3)
Architectural features and mechanical equipment, including but not limited to chimneys, cornices, clocks, parapets, vents, and other architectural or mechanical appurtenances may be a maximum of 15% higher than the height limit of the applicable location.
(i)
Maximum building floor area ratio (FAR): 1.0.
(j)
Maximum parking structure floor area ration (FAR): 1.0.
(k)
All uses shall have a minimum landscaped open space amenity of 10%.
(l)
Required number of parking spaces shall conform to Subsection 35-63.12 Minimum Off-Street Parking Spaces Required for Various Uses. However, additional parking requirements are enumerated in Subsection 35-104.3a8.
b.
Small-Scale Commercial Subdistrict.
1.
The Small-scale Commercial Subdistrict is located in the easterly portion of the Town Center along State Highway Route 9 and functions as Berkeley Township's primary gateway from the north and the Town Center's primary entryway from State Highway Route 9. The purpose of this Subdistrict is to provide smaller, multi-tenant retail uses and stand-alone restaurants that incorporate high quality architectural and landscape features.
2.
Parking shall be confined to on-street parking, public parking areas or shall be located to the rear of the building and sufficiently buffered, screened and landscaped from all adjoining uses.
3.
No parking areas shall be permitted between the street right-of-way and the front or side facade of a building.
4.
Parking lots located adjacent to State Highway Route 9 shall not be permitted.
5.
Parking lots adjacent to street rights-of-way shall be screened with either a landscaped buffer or a solid wall architecturally integrated into the overall site development.
6.
No drive-through facilities or features associated with any use shall be permitted.
7.
Solid security gates or solid roll-down metal window shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frame. Security grills shall be recessed or concealed during normal business hours.
8.
Permitted Uses.
(a)
Small-scale retail establishments with no more than 20,000 square feet of gross leasable floor area providing for the sale of dry goods, variety and general merchandise, sporting goods, books, clothing, shoes, meat market, specialty food shop, pharmacy, household supplies, nonalcoholic beverages for on- and off-site consumption, alcoholic beverages for off-site consumption only, hardware, furnishings, home theater and home audio and video products and services, music and videos (CD's, cassettes, videos, DVDs, records, etc.), antiques, baked goods, greeting cards, plants and flowers.
(b)
Establishment serving food or beverages (alcoholic and nonalcoholic) to the general public, such as restaurant, cafe, confectionery or ice cream/Italian ice shop, including walk-up windows.
(c)
Outdoor dining.
(d)
Pedestrian take-out window.
(e)
Surface parking lot.
(f)
Parking structure.
10.
Prohibited Uses.
(a)
Any use not specifically stated under the Permitted Use section (Subsection b8) of this Subdistrict.
(b)
Metal, single- and multi-story garage structures erected for the purpose of storing contractors vehicles and equipment.
(c)
Those uses identified in Subsection 35-104.2a14.
11.
Bulk Standards.
(a)
Minimum lot size: 9,000 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard setback: 25 feet.
(e)
Minimum side yard setback. Five feet in general and 15 feet when adjacent to a residential use, zone or subdistrict. Additionally, any required side yard setback that results in the creation of a functioning alleyway, as determined by the Planning Board, shall be pedestrian friendly, handicap accessible, lighted, landscaped and complementary of the adjacent building architecture and streetscaping.
(f)
Rear yard setback: 25 feet in general and 40 feet when adjacent to a residential use, zone or subdistrict.
(g)
Maximum impervious coverage: 30%.
(h)
Buildings height: 35 feet.
(i)
Maximum floor area ratio (FAR): 0.30.
(j)
All uses shall have a minimum landscaped public open space amenity of 35%.
c.
Core Commercial Subdistrict.
1.
The Core Commercial Subdistrict is located in the northwesterly portion of the Town Center. The Subdistrict contemplates providing the commercial acreage for single-tenant, large-scale general retailers and retail centers oriented in a campus-like setting and intended to attract shoppers from a wide market area by providing an extensive variety of products and merchandise.
2.
All buildings permitted in this area shall be built in close proximity with other buildings to promote a campus-like building orientation.
3.
The concept of pedestrian orientation and regionally significant commerce shall guide all site design work. Pedestrian orientation shall include provisions for safe and visually attractive pedestrian access within the project (between stores and from parking areas to shopping facilities) and similar pedestrian integration with adjoining areas of the Town Center, as well as the abandoned Central Jersey Railroad right-of-way.
4.
In cases where adjoining parcels have not yet been developed, provisions shall be made for future pedestrian and vehicular access that will ensure the desired pedestrian connectivity area-wide.
5.
All buildings shall be of high-quality architectural design with all building elevations being attractively finished with varied building materials that consider Berkeley Township's American Colonial and Seaside architectural themes. In all cases, buildings shall be coordinated by architectural, lighting, sign and landscape design that integrates developments visually and physically with neighboring developments.
6.
Site improvements shall include landscaping and the integration of parking, vehicular circulation, pedestrian access, signage, lighting, etc., with adjoining properties and uses. Parking areas shall be adequately landscaped to minimize adverse impacts of large asphalt areas on pedestrian comfort and the aesthetic appeal of the area.
7.
Solid security gates or solid roll-down metal window shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frame. Security grills shall be recessed or concealed during normal business hours.
8.
Large-scale general retailers shall be permitted to include ancillary retail and service uses within the interior confines of its buildings.
9.
No drive-through facilities or features associated with any use shall be permitted.
10.
Permitted Uses.
(a)
Retail sale of goods, food, products and merchandise.
(b)
Retail sale of office supplies, machinery and office furniture.
(c)
Retail sale of pet supplies and household pets and veterinary and grooming services for household pets which is fully enclosed within the primary structure and does not include animal boarding.
(d)
Retail sale of sporting goods.
(e)
Retail sale of video, computer, audio and electronics equipment.
(f)
Retail sale of automobile parts, excluding any automobile sales and servicing.
(g)
Home furniture stores.
(h)
Department stores.
(i)
Hardware and building supply stores.
(j)
Movie theaters and cinemas, excluding adult motion picture theaters.
(k)
Public park, plaza, square, courtyard, urban garden, and public recreation areas.
(l)
Surface parking lot.
(m)
Parking structure.
11.
Conditional uses.
12.
Prohibited uses.
(a)
Those uses identified in Subsection 35-104.2a14.
(b)
Any use not specifically stated under the Permitted Use section (Subsection c10) of this Subdistrict.
(c)
Metal, single- and multi-story garage structures erected for the purpose of storing contractors vehicles and equipment.
13.
Bulk Standards.
(a)
Minimum lot size: 80,000 square feet.
(b)
Minimum lot frontage: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard setback: 35 feet.
(e)
Minimum side yard setback: 25 feet.
(f)
Minimum rear yard setback: 30 feet.
(g)
Maximum impervious coverage: 30%.
(h)
Maximum building height. 35 feet.
(i)
Maximum floor area ratio (FAR): 0.30.
(j)
All uses shall have a minimum landscaped open space amenity of 20%. Open space calculations shall not include any required front, side or rear yard of a lot, nor shall landscaped or sodded areas between parking lots and primary structures or roadways and primary structures be included.
d.
Residential Subdistrict.
1.
The Residential Subdistrict is located to the south of Gladney Avenue and can be implemented in limited capacity in the northern portion of the Town Center, adjacent to the existing residential uses in the Borough of Beachwood. The Subdistrict contemplates providing a location specifically for residential-only uses.
2.
Where residential development abuts a nonresidential use or is immediately adjacent to single-family detached homes, a twenty-five-foot landscaped buffer of deciduous and coniferous plant materials shall be installed forming a 100% visually impervious buffer at a minimum height of eight feet, and maintained at a minimum height of not less than 15 feet. Such a buffer area is required to shield adjacent residential areas from parking lot illumination, headlights and fumes and to diminish the visual encroachment of residential privacy and residential neighborhood characteristics.
3.
Any part of a residential lot not used for structures, roadway, loading accessways, parking or pedestrian walks shall be landscaped with grass, trees and shrubs as designed by a certified landscape architect.
4.
Roof overhangs, eaves, chimneys, porches, portico roofs or entry ways may intrude into any yard setback provided such porch or entry way does not protrude more than 2.5 feet into such setback.
5.
Rear yard decks and patios may protrude into the rear yard setback not more than eight feet.
6.
Attached units on a single linear plane shall not exceed a length of 120 feet.
7.
For attached units, the front facades of at least 40% of the number of units shall be set back not less than 10 feet behind the facades of the remaining units.
8.
No two detached homes with the same basic floor plan and style shall be constructed adjacent to one another unless there is substantial differentiation in the front elevation consisting of at least three of the following:
9.
A block consisting of between one and 10 lots shall be developed with the minimum of three different base model type homes. Blocks consisting of between 11 and 30 lots shall be developed with a minimum of four base types. Each base model type home in any block shall have at least two alternative front elevations containing different design features as enumerated in Subsection 8(a) through (c) above.
10.
Sidewalks, street trees and street lighting shall be required per ordinance on both street sides.
11.
Front yard fences shall be permitted in this subdistrict at a height not to exceed three feet and shall be less than 60% solid.
12.
All residential units shall have either a porch, covered portico, or decorated entrance on the street facade of the building.
13.
Only one commercial vehicle per residential dwelling unit shall be permitted to park on a lot/s accommodating said residential dwelling. Additionally, the provisions of § 35-92 Trucks in Residential Areas shall apply to property in the Mixed-Use Subdistrict.
14.
Driveways shall be accessed from alleyways or from the rear of the property to the maximum extent possible. In all cases, garages shall be located behind the rear facade plane or accessed from the side of the residential structure.
15.
Permitted Uses.
(a)
Single-family detached dwellings.
(b)
Single-family semi-detached dwellings, such as patio homes and duplexes.
(c)
Multi-family attached townhouse, condominium and apartment dwellings.
(e)
Churches, including parish and educational buildings.
(f)
Home occupations.
(g)
Public and quasi-public uses including public schools, civic buildings and EMS and police facilities.
16.
Permitted Accessory Uses.
(a)
Playgrounds.
(b)
Tennis courts.
(c)
Club house.
(d)
Swimming pools.
(e)
Detached garages.
(f)
Storage and maintenance sheds, no larger than 100 square feet.
(g)
Greenhouses and other horticultural structures for private/noncommercial purposes.
(h)
Patios, freestanding decks, gazebos, and other similar recreational or ornamental buildings or structures.
(i)
Common open space, social and recreational facilities.
(j)
Other uses deemed to be permitted accessory uses.
18.
Prohibited Uses.
(a)
Any use not specifically stated under the Permitted Use section of this Subdistrict.
(b)
Those uses identified in Subsection 35-104.2a14.
(c)
Metal, single- and multi-story garage structures erected for the purpose of storing contractors vehicles and equipment.
19.
Bulk Standards.
(a)
Single-family and single-family semi-detached.
(1)
Minimum lot size: 6,000 square feet.
(2)
Minimum lot frontage: 50 feet.
(3)
Minimum lot depth: 120 feet.
(4)
Minimum front yard (with porch): 10 feet.
(5)
Minimum front yard (without porch): 15.
(6)
Minimum side yard (One): five feet.
(7)
Minimum side yard (Two): 12 feet.
(8)
Minimum rear yard: 15 feet.
(9)
Maximum dwelling units per acre: 4.0 du/a.
(10)
Maximum impervious coverage: 30%.
(11)
Total overall development shall have a minimum open space area of 35%, which shall include multi-purpose trails that connect to open space/recreation areas and other Town Center uses. For the purpose of this section, open space calculations shall not include any required front, side or rear yard of a lot, nor shall landscaped or sodded areas between parking lots and primary structures or roadways and primary structures be included.
(12)
Maximum building height. 2 1/2 stories or 35 feet.
(13)
Parking requirements shall confirm with the Residential Site Improvement Standards (RSIS).
(14)
Accessory structure side yard setback: three feet.
(15)
Accessory structure rear yard setback: five feet.
(b)
Multi-family attached.
(1)
Minimum lot size: 2,500 square feet.
(2)
Minimum lot frontage: 25 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 20 feet.
(5)
Minimum side yard (One): five feet.
(6)
Minimum side yard (Two): 12 feet.
(7)
Minimum rear yard: 25 feet.
(8)
Maximum impervious coverage: 30%.
(9)
Maximum building height: three stories or 35 feet.
(11)
Total overall development shall have a minimum landscaped open space amenity of 30% and shall include multi-purpose trails that connect to open space/recreation areas and other Town Center uses.
(12)
Parking areas, excluding driveways, shall be located in any yard other than the required front yard, but not closer than 15 feet to any property line, and shall comply with all other requirements of the parking regulations applicable to all zones as provided in the section.
(13)
Parking requirements shall confirm with the Residential Site Improvement Standards (RSIS).
e.
Open Space/Parks And Recreation Subdistrict.
1.
The Open/Space/Parks and Recreation Subdistrict is located in the southwesterly portion of the Town Center site. The Subdistrict promotes and encourages a suitable environment devoted to parks, recreation or passive or active open space uses for the enjoyment of all members of the community. The OSR Subdistrict is also intended to preserve and protect land areas of special or unusual ecological, environmental or geographical interest.
2.
Permitted Uses.
(a)
Open space preserve areas (Examples: wetlands, habitat refuge areas).
(b)
Public parks and recreation facilities (Examples: regional parks, community and neighborhood parks).
(c)
Private parks and recreation facilities.
(d)
Kiosks.
(e)
Restrooms.
(f)
Tot lots/playgrounds.
(g)
Water features, including stormwater detention basins, with integrated fountains, watercourses, etc.
(h)
Vendors.
(i)
Swimming pools.
4.
Permitted Temporary Uses:
(a)
Farmer's market.
(b)
Outdoor art and craft shows, antique shows, flea markets, or group activities, within parking areas in any district. A maximum of seven consecutive days is allowed per calendar quarter.
(c)
Seasonal outdoor retail sales provided:
(1)
That the duration of time does not exceed 45 consecutive days for seasonal items or temporary activities, not more than two times per calendar year per property.
(2)
The area of the required parking setback for the zone in which the property is located shall be kept free of all activity, goods or equipment. The operation shall be such that no traffic safety hazard is created by the parking of vehicles, the manner in which the vehicles will leave and enter the adjacent roadway, or the on-site lighting. All signs shall conform to regulations of the TC District or the Land Development Ordinance, even if temporary.
(3)
The Zoning Officer shall be informed in writing of the nature of the activity and the date on which such sales are to commence. No goods shall be stored on the site until that date. In the event that any activity permitted by this subsection is instituted prior to written notice to the Zoning Officer or does not terminate at the end of the forty-five-day period, the operator shall be subject to any and all penalties applicable for violations of the Zoning Ordinance of Berkeley Township.
5.
Prohibited Uses:
(a)
Any use not specifically stated under the Permitted Use section (Subsection e2) of this Subdistrict.
(b)
Those uses identified in Subsection 35-104.2a15.
6.
Bulk Standards.
(a)
Minimum lot size: 6,500.
(b)
Minimum lot width: 50 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Maximum impervious coverage: 15%.
(e)
Minimum front yard: 30 feet.
(f)
Minimum side yard: 30 feet.
(g)
Minimum rear yard: 30 feet.
(h)
Maximum building height: two stories or 25 feet.
(i)
Maximum accessory height: 1 1/2 stories or 20 feet.
f.
Environmentally Sensitive Subdistrict.
1.
The Environmentally Sensitive Subdistrict is located in the southerly portion of the Town Center site, along Mill Creek. This Subdistrict consists primarily of environmentally sensitive wetlands and uplands and is intended to preserve and protect land areas of special or unusual ecological, environmental or geographical interest.
2.
Permitted Uses:
(a)
Any use that does not result in the erection of any structure or alter the ground surface configuration by the addition of fill, dredging or draining. Such uses include:
(1)
Forestry and tree farming using best management practices to protect wetlands from damage from soil erosion and otherwise.
(2)
Agriculture using best management practices to protect wetlands from damage from soil erosion and otherwise.
(3)
Water impoundments and well supplies;
(4)
Drainage ways, streams, creeks or other paths of normal runoff;
(5)
Wildlife refuge;
(6)
Conservation areas and nature trails;
(7)
Open space as permitted by subdivision regulations and other sections of this ordinance;
(8)
Access ways if essential to the productive use of the land and consistent with NJDEP Dredging and Filling regulations;
(9)
Utility rights of way or easements including power lines and pipelines which are constructed using best management practices and only if there is no feasible alternative location.
4.
Any structure, activity or improvement proposed in this Subdistrict shall be regulated by the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B; the Coastal Area Facility Review Act (CAFRA), N.J.S.A. 13:19-1; and the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50, and any subsequent revision or consolidation of said Acts. Such regulated activities include, but are not limited to:
5.
Special Exceptions.
(a)
Special exceptions for the undertaking of a use not otherwise permitted in the Environmentally Sensitive Subdistrict, which may include the erection of a structure, dredging, filling, draining, or otherwise altering the surface configuration of the land, may be granted by the Planning Board, if it can be shown that such proposed use will not conflict with the specific intentions listed in Subsection f1 above, and if the proposed use conforms with the above referenced rules and regulations of the New Jersey Department of Environmental Protection.
(b)
A property owner proposing to conduct any activity within this Subdistrict shall first obtain a General Permit or Individual Permit; a Stream Encroachment Permit or a CAFRA Permit from The New Jersey Department of Environmental Protection and provide proper evidence of this effect to the Planning Board.
[1]
Editor's Note: Exhibit B, referred to herein, is included as an attachment to this chapter.
§ 35-104.3 General Requirements.
[Ord. No. 07-03-OAB § 1.03]
a.
Parking and Access.
1.
Vehicular access to a lot shall be from the rear of the property, a secondary street or alleyway wherever possible and practical.
2.
Shared access drives shall be required, except where shared access is not available and no alternative point of access exists, the access drive shall be located along a side property line and an easement shall be allowed for the adjacent property to use the access at such time as it is developed.
3.
Except for the Core Commercial and Residential Subdistricts, parking shall be confined to on-street parking, public-parking areas or shall be located to the rear of the building, where possible and practical, and shall be sufficiently buffered, screened and landscaped from all adjoining uses.
4.
Except for the Core Commercial Subdistrict, parking areas shall not be permitted between the street right-of-way and the front or side facade of a building.
5.
Safe provisions for pedestrian access to and through a parking lot shall be required, including stripping, enhanced pavement markings and traffic calming features. Surface parking areas and pedestrian walkways connecting to them shall have sufficient lighting in accordance with Township standard.
6.
Bicycle Parking Access: One bike space per 20 required parking spaces shall be allocated for all development. Ornamental bicycle racks shall be used to provide bicycle parking.
7.
Upper floors of all parking garages shall provide a visual screen of vehicles from all rights-of-way, public open spaces and residential uses. Screening shall include landscaping, walls, architectural elements or other decorative features.
8.
Parking garages as a principal use shall be architecturally integrated with surrounding developments and/or the envisioned character of the area.
9.
In parking lots having a capacity of more than 100 cars, a main access drive shall be provided from points of ingress and egress. No parking shall be permitted on the main access drive.
10.
Location of Surface Parking:
(a)
All parking areas shall be set back a minimum 15 feet from the legal right-of-way.
(b)
No more than 50% of the off-street parking area for the lot, tract or area of land in the Core Commercial Subdistrict shall be located between the front facade of a large retail establishment and the abutting streets (the "Front Parking Area").
11.
Interconnected Parking Areas:
(a)
Parking areas shall be interconnected by cross-access drives, and constructed in a manner that creates one fluid parking area for adjoining properties.
(b)
Wherever possible and practical, each lot shall provide cross-access easements for its parking areas and access driveways guaranteeing access to adjacent lot(s). Interconnections shall be logically placed and easily identifiable to ensure convenient traffic flow. In the event that a lot develops prior to the development of an adjacent lots, provisions for cross-access drives shall be established through cross-access easements, which shall not be utilized as parking spaces.
13.
Parking Requirements in the Mixed-Use Subdistrict:
(a)
Bank: four per indoor teller window; plus two per walk-up ATM.
(b)
Convenience store: one per 250 gross square feet of floor area.
(c)
Office: No parking is required for the first 400 gross square feet; one space per each additional 300 gross square feet.
(d)
Bed & Breakfast Inn and House: two spaces, plus one per guest room or rental room.
(e)
Restaurant:
(1)
Fast food: No parking is required for the first 300 square feet of patron floor area, one space is required per each additional 75 square feet of patron floor area, plus one per employee on the largest shift.
(2)
Other: No parking is required for the first 400 square feet of the patron floor area, one space is required per each additional 100 square feet of patron floor area, plus one per employee on the largest shift.
(f)
Retail, personal service: No parking is required for the first 350 gross square feet of space devoted to sales/service; one space is required for each additional 300 gross square feet of space devoted to sales/service, plus one per employee on the largest shift.
(g)
Theatre: one per four seats.
(h)
Indoor amusements: one per 200 square feet of gross floor area.
(i)
Studios: one per 500 square feet minimum.
(j)
Private or fraternal clubs: one per 150 square feet above the first 2,400 square feet.
(k)
Religious Institution: one per five seats.
(l)
Government uses, community center, libraries: one per 850 square feet of gross floor area.
(m)
Funeral homes: The greater of one per four seats or one per 50 square feet.
(n)
Gallery and museum: one space per 850 square feet.
14.
Parking Analysis Required. Each applicant for a nonresidential development greater than 5,000 square feet shall conduct a parking study to determine the number of on-street and off-street parking spaces required to accommodate peak parking demand. In calculating peak parking demand, the applicant shall:
(a)
Project the peak number of occupied parking spaces using formulas and procedures presented in the most recent edition of Parking Generation, an information report published by the Institute of Transportation Engineers (ITE).
(b)
Calculate the number of parking spaces needed by expanding the number of occupied parking spaces by 10% to assure a reasonable number of vacant parking spaces to permit turnover of the parking supply.
(c)
Identify how these parking spaces will be assured to future occupants and customers of the proposed land uses.
15.
Parking Reduction:
(a)
Each use may reduce the number of required spaces up to 100% if the requirements are met by one of the following, or a combination of the following to meet the necessary requirements:
16.
Shared Parking:
(a)
Shared parking shall be encouraged for all commercial parking lots and particularly for those serving mixed-use commercial and residential buildings. Where necessary, in parking lots which are serving mixed-use commercial and residential buildings, the Planning Board may, in its discretion, permit a limited amount of parking to be reserved either for residential or specified commercial uses only; or may restrict the hours that certain spaces are to be used for residential or commercial uses only.
(b)
An applicant seeking to satisfy its parking requirement using a shared parking approach shall prepare a parking report that documents how an adequate supply of parking spaces will be provided to satisfy projected parking demand. The report shall be prepared using procedures presented in the most recent version of the report Shared Parking, published by the Urban Land Institute. The report shall be prepared using the most current shared parking methodology published by the Urban Land Institute or the Institute of Transportation Engineers.
(c)
The report may also adjust projected parking demand based on an analysis of captured parking using procedures presented in the most recent version of the Trip Generation Handbook published by the Institute of Transportation Engineers. A captured and shared parking study and report shall:
(1)
Calculate the projected peak parking demand for each land use that will be sharing the available parking supply using the latest edition of the ITE informational report Parking Generation.
(2)
Calculate the extent to which parking demand will be mitigated on the site as a result of trips captured from adjoining land uses and therefore occurring without the use of a vehicle.
(3)
Calculate the peak parking accumulation for the development, making use of shared parking procedures.
(4)
Expand the peak parking accumulation by 10% to determine the needed supply of parking spaces. This will assure an adequate capacity of spaces for the turnover of vehicles.
(5)
Determine the number of on-site parking spaces that will be supplied.
(6)
Determine the number of on-street parking spaces that are available to the development in accordance with procedures established by this section.
(7)
Determine whether any additional parking spaces will be needed to serve the development and if so how they will be supplied.
17.
Parking Lot Landscaping:
(a)
Parking lot layout, landscaping, buffering, and screening shall be provided to minimize direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare, noise, or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade, when trees reach maturity. In order to achieve these objectives, parking lots exposed to view shall be surrounded by a minimum four-foot high, year-round visually impervious screen, or hedge, or three-foot high wall. The height of any required screen, hedge or wall shall decrease where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles, and shall not interfere with clear sight triangle requirements.
(b)
To provide a more aesthetically pleasing and environmentally sensitive design, all commercial parking areas shall incorporate landscape strips to fully separate parking rows. These landscape strips shall be curbed according to ordinance requirements and shall incorporate intermittent curb depressions to allow sheet flow water access.
(c)
All surface parking lots of 20 spaces or more shall have shade trees, with a caliper of 2.5 inches minimum. One shade tree per 10 spaces is required in landscape strips.
c.
Exterior and Street Lighting.
1.
All exterior lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways need to be clearly marked and well lit. Lighting should be sufficient for security and identification without allowing light to trespass onto adjacent sites. The height of fixtures shall be a maximum of 16 feet for parking lots and 12 feet for pedestrian walkways.
2.
Streetlights and alley lights shall be decorative and blend with the architectural style of the Town Center.
3.
House side shields shall be provided where abutting a residential use.
4.
Along all commercial or mixed-use streets, parking areas, sidewalks, walkways, courtyards, community greens, and interior open spaces in Town Center, twelve-foot high decorative lampposts shall be provided at regular intervals. Posts in commercial mixed-use and senior citizen and townhouse streets shall be spaced at no greater than 60 feet on center. Lighting on residential streets should be no greater than 150 feet apart per side and should be located at the intersections and corners. Lighting standards shall be consistent throughout the Town Center.
5.
In parking lots, post heights may be extended to a maximum of 16 feet.
6.
Use of minimum wattage metal halide or color-corrected sodium or mercury vapor light sources is encouraged. Non-color corrected low-pressure sodium are prohibited.
7.
Porch light and yard post lighting is encouraged to augment street lighting design.
8.
Residential garages facing lanes shall be provided with elevated lighting on the garage facade facing the lane or a post lamp.
9.
Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors, and details of the building and shall comply with the Township building codes. The type of light source used on the exterior of buildings, signs, parking areas, pedestrian walkways, and other areas of a site, and the light quality produced, shall be the same or compatible. Facades shall be lit from the exterior, and, as a general rule, lights should be concealed through shielding or recessed behind architectural features. The use of low-pressure sodium, fluorescent, or mercury vapor lighting, either attached to buildings or to light the exterior of buildings, shall be prohibited. Mounting brackets and associated hardware should be inconspicuous.
10.
For alleyways between buildings, lighted bollards shall be used to provide human-scale lighting in an architecturally integrated manner.
d.
Refuse Area.
1.
Shared refuse facilities shall be utilized where available and practical.
2.
The storage of refuse shall be provided inside building(s) or within an outdoor area in the rear of the property, screened around the perimeter by wood enclosures with a roof or by brick walls, with a minimum height of seven feet, and shall extend on three sides of such an area, with a gate or door on the third side. Such a wall shall be capped on the top.
3.
A minimum five-foot wide landscaping area shall be provided along the fence or wall enclosing the refuse storage area.
4.
Refuse area location may be modified to allow a more visually appropriate location for adjacent residential uses.
e.
Screening.
1.
All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes, shall be screened from public view by parapets, walls, fences, landscaping, or other approved measures.
2.
All rooftop mechanical equipment and other appurtenances shall be concealed by or integrated within the roof form and screened from the view of all adjoining properties and building floors or nearby streets. The following, when above the roofline, requires screening: stair wells, elevator shafts, air conditioning units, large vents, heat pumps, and mechanical equipment.
f.
Loading Areas and Operations.
1.
No delivery, loading, trash removal or compaction, or other such operations shall be permitted between the hours of 9:00 p.m. and 6:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level of 45 dB, as measured at the lot line of any adjoining property.
2.
Service and loading areas must be located at the rear of the building. Loading docks shall not be located along primary street frontages, but to the side and rear of buildings, unless a more appropriate location is approved by the Planning Board.
3.
Screening and landscaping shall be provided to minimize direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and buffering shall be achieved through walls, fences, and landscaping. Screening shall be a minimum of six feet tall and shall be visually impervious. Recesses in the building, or depressed access ramps, may be used.
g.
Signage.
1.
Commercial advertising billboard signs are prohibited in the Town Center District and all Subdistricts.
2.
All signage in any of the Town Center Subdistricts shall be externally illuminated.
3.
One Town Center monument/ground identification sign shall be permitted at the primary entrance off State Highway Route 9, provided the following standards are met:
(a)
The sign panel shall not exceed 80 square feet in area.
(b)
The total sign height shall not exceed 15 feet.
(c)
The sign panel shall be located three feet above finished grade and shall include ground landscaping at the base of the sign.
(d)
The sign shall be set back a minimum 15 feet from the right-of-way.
(e)
A one foot border shall be incorporated along the bottom and side edges of the sign panel to provide an enhanced architectural feature, while a two-foot mantle-type border shall be incorporated along the top edge. This border area shall not be included in the sign area calculation.
(f)
The sign shall be architecturally integrated with the overall design of the Town Center.
(g)
The sign shall be internally illuminated.
4.
Signage contemplated in the Core Commercial Subdistrict and Small-scale Subdistrict shall conform to Subsection 35-91.9 Highway Business Zones, Permitted Signs.
5.
Signage contemplated in the Residential Subdistrict shall conform to Subsection 35-91.8 Residential Zones (Outside of the Pinelands Forest and Pinelands Preservation Areas), Permitted Signs.
6.
The following signs are permitted in the Mixed Use Subdistrict:
(a)
Wall-mounted signs, provided the following standards are met:
(1)
The sign shall be affixed to the front facade of the building and shall not project outward from the wall to which it is attached more than six inches.
(2)
The area of the signboards shall not exceed 10% of the ground floor front facade area or 35 square feet, whichever is less.
(3)
No part of a sign shall be higher than 15 feet above the front sidewalk elevation, and shall not extend above the base of the second floor windowsill, parapet, eave or building facade.
(4)
Limited to one sign per business.
(b)
One additional wall-mounted sign, not exceeding six square feet in area shall be permitted on any side or rear entrance which is open to the public. Such wall sign may only be lighted during the operating hours of the business.
(c)
Wall-mounted building directory signs identifying the occupants of a commercial building, including upper story business uses, provided the following standards are met:
(1)
The sign is located next to the entrance.
(2)
The sign shall project outward from the wall to which it is attached no more than six inches.
(3)
The sign shall not extend above the parapet, eave or building facade.
(4)
The area of the signboard shall not exceed three square feet, with each tenant limited to one square foot.
(5)
The height of the lettering, numbers or graphics shall not exceed four inches.
(d)
Applied letters may substitute for wall-mounted signs (Subsection (a) above), if constructed of painted wood, painted cast metal, bronze, brass or black anodized aluminum. Applied plastic letters shall not be permitted.
(e)
Projecting signs, including graphic or icon signs, mounted perpendicular to the building wall, provided the following standards are met:
(1)
The signboard shall not exceed an area of six square feet.
(2)
The distance from the ground to the lower edge of the signboard shall be nine feet or greater.
(3)
The height of the top edge of the signboard shall not exceed the height of the wall from which the sign projects, if attached to a single story building, or the height of the sill or bottom of any second story window, if attached to a multistory building.
(4)
The distance from the building wall to the signboard shall not exceed 12 inches.
(5)
The width of the signboard shall not exceed five feet.
(6)
The height of the lettering or numbers shall not exceed eight inches.
(7)
Limited to one sign per ground floor business.
(f)
Painted windows or door signs, provided the following standards are met:
(1)
May be permitted if only one of the above permitted signs is incorporated.
(2)
The total signboard shall not exceed 10% of the total window or door area in aggregate, or six square feet, whichever is less.
(3)
The sign shall be silk screened or hand painted.
(4)
Limited to one window sign per business window and one door sign.
§ 35-105 TOWN CENTER REDEVELOPMENT PLAN.
[Added 8-23-2021 by Ord. No. 21-32-OAB]
Supplemental regulations for Block 822, Lot 1; Block 824, Lots 1.01 and 1.02; Block 824, Lots 1.03 and 1.04 (formerly, Lot 1); Block 824, Lots 8 and 12 (formerly, Block 825.02, Lots 8 through 12); Block 825, Lot 1
§ 35-105.1 Supplemental Regulations for Town Center Redevelopment Area.
[Added 8-23-2021 by Ord. No. 21-32-OAB; amended 5-20-2024 by Ord. No. 24-15-OA]
Certain parcels located in the Town Center Area in Need of Redevelopment, which are defined as Block 824, Lots 1.01 and 1.02; Block 824, Lot 1.03 (formerly, Lot 1); Block 825.02, Lots 8 through 12; Block 825, Lot 1, (the "subject area"), are and shall be subject to the redevelopment plan design standards set forth in this section together with the Town Center Redevelopment Plan as amended by § 35-105 ("redevelopment plan").[1]
b.
Deviations from Provisions of the Approved Redevelopment Plan. The Planning Board may review and retain jurisdiction over applications requiring relief for deviations from the prescribed design, bulk and area standards as indicated in this § 35-105.1 and the redevelopment plan. Accordingly, an amendment to the redevelopment plan shall not be necessary if the selected developer(s) desires to deviate from the design, bulk and area standards set forth herein or in the Berkeley Township Land Development Ordinance so long as the redeveloper obtains the appropriate variance(s) from the Planning Board. All requests for such relief shall be made to the Planning Board accompanied by a complete application for development as required by Township ordinance. Decisions on such requests shall be made in accordance with the legal standards set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-70(c), in the case of requests for relief from zoning standards, and in accordance with the legal standards set forth in N.J.S.A. 40:55D-51 in the case of requests for relief from design standards.
c.
Bulk requirements. The following requirements shall be from the subject area boundary lines:
Building Type | Minimum Lot Size (square feet) | Lot Width (feet) | Lot Depth (feet) | Setbacks Front/Side/Rear (feet) |
|---|---|---|---|---|
Retail goods and services | 20,000 | 200 | 100 | 25 min./20 min./20 min. |
Light industrial | 75,000 | 750 | 100 | 25 min./50 min./20 min. |
Fast-food restaurant with drive-through | 20,000 | 200 | 100 | 25 min./20 min./20 min. |
Restaurant | 20,000 | 200 | 100 | 25 min./20 min./20 min. |
Accessory | N/A | N/A | N/A | 0/10 min./10 |
d.
Building height. Buildings shall be designed so that there is a progressive height increase inward to the site from Route 9. Permitted building heights shall be a maximum of 35 feet within the first 300 feet from Route 9 and 50 feet thereafter.
f.
General Building and Site Design Requirements. The following standards are intended to supersede the Township Land Use Ordinances, including Sections 35-48 and 35-63.
1.
Screening.
(a)
All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes, shall be screened from public view by parapets, walls, fences, landscaping, or other approved measures.
(b)
All rooftop mechanical equipment and other appurtenances visible from six feet above grade within 100 feet of the building shall be concealed by or integrated within the roof form and screened from the view of all adjoining properties or nearby streets.
3.
Off-street parking.
(a)
All parking areas shall be set back a minimum 15 feet from the legal right-of-way.
(b)
Provisions for pedestrian access to and through a parking lot may shall be required, and may include striping, enhanced pavement markings and traffic calming features. Surface parking areas and pedestrian walkways connecting to them shall have sufficient lighting in accordance with the standards herein.
(c)
In parking lots having a capacity of more than 100 cars, a main access drive shall be provided from points of ingress and egress. No parking shall be permitted on the main access drive.
(d)
Parking lot landscaping. Customer and employee parking lot layout, landscaping, buffering, and screening shall be provided to minimize direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare, noise, or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade, when trees reach maturity. The height of any required screen, hedge or wall shall decrease where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles and shall not interfere with clear sight triangle requirements.
(e)
Loading areas and operations. Screening and landscaping shall be provided to minimize direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and buffering shall be achieved through walls, fences and/or landscaping. Screening shall be a minimum of six feet tall. Recesses in the building, or depressed access ramps, may be used.
4.
Landscaping.
(a)
Landscaping Plan. The placement of landscaping shall be in accordance with a landscaping plan submitted and approved as part of the final plat.
(b)
Topsoil Preservation. No topsoil shall be removed from the site or used as spoil, except as may be provided for in a soil removal permit issued in accordance with the ordinances of the Township regulating mining operation or excess topsoil remaining after all improvements have been installed in accordance with an approved site plan or subdivision map after topsoil has been redistributed in accordance with this subsection. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas and all lawn areas shall be covered by a four-inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Ocean County Soil Conservation District shall be provided to result in a four-inch minimum thickness.
(c)
Primary access points. All streets, public or private, fronted by buildings with primary access points should be planted with street trees at an average spacing of 30 feet to 40 feet consistent with the project's overall landscaping and open space plan.
(d)
Protection of trees. No material or temporary soil deposits shall be placed within six feet of any trees or shrubs designated to be retained on the preliminary and/or final plat. Tree protection areas should equate to one foot of protection zone per one inch of tree caliper (i.e., a twelve-inch diameter tree requires a twelve-foot protection zone). This would only apply to trees to be protected during construction.
(e)
Removal of debris. All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips they may, subject to the approval of the Township Engineer, be used as mulch in landscaped areas.
(f)
Slope plantings. Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the Board. All roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with suitable cover plants combined with grasses and/or sodding. Grasses or sodding alone shall not be acceptable.
(g)
Selective thinning. Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin or remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth. The developer shall, in accordance with overall site development and his proposed landscaping scheme, provide pathways approximately four feet wide through all public or common open space in heavily wooded areas. Such pathways should be sited to conform to the existing natural conditions and should remain unobstructed. They are not intended to provide improved walkways but only to provide easy access through open space areas.
(h)
Additional landscaping. In conjunction with all uses, all areas of the site not occupied by buildings, pavement, sidewalks, required screening, required parking area landscaping, required safety islands or other required improvements shall be landscaped by the planting of grass or other appropriate ground cover.
(i)
Tree diameter. Trees shall be planted with a minimum diameter of 2 1/2 inches measured six inches from the base.
(j)
Specifications. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the standard specifications.
(k)
Relocated plantings. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet planting requirements, provided that:
(1)
Each three items of salvaged and/or relocated plant material shall be considered equivalent to two items of new plant material.
(2)
All such salvaged and/or relocated plant material shall be of a type, size and quality acceptable to the Township Engineer.
(3)
All such salvaged and/or relocated plant material shall be dug, transported and replanted at a season of the year and using a schedule and equipment, methods and materials conforming to the requirements of the standard specifications.
(4)
The developer has received the approval of the Township Engineer of the items to be relocated and the schedule and methods of relocation prior to any work of salvaging and/or relocation taking place.
(l)
Waiver. The Board, after favorable recommendation by the Board Engineer, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions.
5.
Buffers.
(a)
The buffer areas discussed in this section shall pertain to the perimeter of the subject area as defined and dimensioned in paragraph e above. Individual developments that are within the subject area but located outside the buffer areas do not need to meet the buffer planting requirements discussed below.
(b)
All areas of a lot not occupied by buildings pavement, or other surfacing and other required improvements shall be landscaped by the planting of grass and/or ground cover, shrubs, and trees, and incorporating native vegetation where appropriate. Buffer areas shall either contain existing vegetation approved by the Board and/or be planted with trees and shrubs in accordance with a landscaping plan to be approved by the Board. The placement of the plant material shall be appropriate to the enhancement of the property and in accordance with a landscape plan approved by the Planning Board.
(c)
Buffer areas shall be maintained and kept free of all debris, weeds, and tall grass.
(d)
No structure, activity, storage of materials or parking of vehicles shall be permitted within the buffer area, except where approved by the Planning Board. The buffer area may be broken for vehicular or pedestrian access and appropriate directional safety signs provided.
(e)
Buffer areas where deemed appropriate by the engineer shall be utilized for stormwater management by disconnecting impervious surfaces, incorporating low-impact design and green stormwater facility concepts. Basins are permitted within the buffer, provided they are heavily screened with landscaping.
(f)
A shrub mass of deciduous and/or evergreen species shall be planted within the required buffer area to provide for a visual and physical screen along the entire frontage, primarily including evergreen species, although deciduous plants may be used.
(g)
Selection of plants species shall provide for a variety and mixture of landscaping. Varieties shall consider susceptibility to disease, shapes, seasonal display, textures, flowers, and foliage.
(h)
The plant quantities constituting the buffer shall include a double-staggered row of evergreen trees 15 feet on centers.
(i)
Required plantings in the buffer area shall meet the minimum size requirements as follows:
6.
Awnings and canopies. Buildings may have awnings or canopies, where appropriate, to complement the architectural style of a building. The design of awnings and canopies will be architecturally compatible with the style, materials, colors and details of such buildings and should not conceal significant architectural features, such as cornices, columns, pilasters or other trim details.
(a)
Commercial. All ground-level awnings and canopies for commercial uses shall have a minimum height from the ground level to the lowermost portion of the awning or canopy of eight feet.
(b)
Light Industrial. All ground-level awnings and canopies will comply with the following standards:
(1)
A painted or unpainted canopy structure shall be permitted for the entire length of the building and not to exceed the height of the building.
(2)
The maximum height from the ground level to the uppermost portion of the awning or canopy will not exceed the height of the roof.
(3)
The minimum height from the ground level to the lowermost portion of the awning or canopy will be eight feet.
g.
Exterior and street lighting.
1.
All exterior lighting shall be designed to prevent glare onto adjacent properties. Pedestrian pathways need to be clearly marked and well lit. Lighting should be sufficient for overall site safety, security and identification, and comply with tenant standards and minimum requirements. Use of pulse start metal halide, color-corrected sodium light sources, LED lighting and solar-powered lighting are encouraged where appropriate and wherever fixtures are commercially available. Non-color-corrected low-pressure sodium are prohibited.
2.
The height of fixtures for commercial uses shall be a maximum of 25 feet for parking lots, and 16 feet for pedestrian walkways.
3.
The height of fixtures for light industrial uses shall be a maximum of 40 feet for parking lots and 16 feet for pedestrian walkways.
h.
Signage.
1.
Commercial signage.
(a)
Monument/ground sign. One monument or ground sign shall conform to the following standards:
(1)
The sign panel shall not exceed 200 square feet in area.
(2)
The total sign height shall not exceed 25 feet.
(3)
The sign panel shall be located no more than one foot above finished grade and shall include ground landscaping at the base of the sign.
(4)
The sign shall be setback a minimum 10 feet from the right-of-way.
(b)
Wall-mounted signs. Wall-mounted signs shall conform to the following standards:
(1)
The sign shall be affixed to the front facade of the building.
(2)
The area of the signboards shall not exceed 10% of the ground floor front facade area.
(3)
Uses are limited to one sign per business but one additional wall-mounted sign shall be permitted on any side or rear entrance which is open to the public.
(4)
Wall-mounted building directory signs identifying the occupants of a commercial building, including upper-story business uses shall not extend above the parapet, eve or building facade.
(5)
Applied letters with backlighting may substitute for wall-mounted signs, if constructed of painted wood, painted cast metal, bronze, brass or black anodized aluminum. Applied plastic letters shall not be permitted.
(c)
Painted window or door signs. Fully painted windows or doors with and/or without signs shall be permitted as necessary in accordance with tenants' standards, security requirements, or safety purposes, except that painted signs on windows or doors shall be limited to no more than 1/2 of the area of each such window and/or door.
(d)
Awnings and canopies. Buildings may have awnings or canopies with signs where appropriate in accordance with the awning and canopies architectural feature requirements of this section.
2.
Light Industrial signage.
(a)
Monument/ground signs. Monument or ground signs shall conform to the following standards:
(1)
The sign panel shall not exceed 200 square feet in area.
(2)
The total sign height shall not exceed 25 feet.
(3)
The sign shall be set back a minimum five feet from the property line.
(4)
One sign per driveway entrance shall be permitted, but shall not apply to pylon/monument signs along any public roadway.
(b)
Wall-mounted signs. Wall-mounted signs shall conform to the following standards:
(c)
Painted window or door signs. Fully painted windows or doors, with or without signs, shall be permitted as necessary per tenants' standards, security requirements, or safety purposes, except that painted signs on windows or doors shall be limited to no more than 3/4 of the area of each such windows and/or door.
(d)
Directional signs. In order to facilitate the free flow of traffic through the development, an unspecified number of directional signs shall be permitted. Said directional signs shall not exceed 10 feet in height and 60 square feet in area and should not contain logos.
(e)
Awnings and canopies. Buildings may have awnings or canopies with signs where appropriate in accordance with the awning and canopies architectural feature requirements of this section.
[1]
Editor's Note: See Attachment 9, Town Center Redevelopment Plan Area.
§ 35-106.1 Neighborhood Business Zone.
[Ord. No. 94-29 § 118-16.31; Ord. No. 99-36-OAB § 7; Ord. No. 08-14-OAB § 1]
a.
Permitted Uses.
1.
Retail sales, businesses and personal service establishments, which are clearly of a neighborhood size, scope and nature, similar but not limited to the following:
(a)
Convenience stores and retail establishments selling groceries, meats, produce, baked goods and such other food items.
(b)
Stationary, tobacco and newspaper stores.
(c)
Luncheonettes, coffee shops, restaurants, deli, cafe and confectionery stores.
(d)
Package liquor stores;
(e)
Barber shops, hair, nail, tanning and beauty salons.
(f)
Shoe repair, tailor and jewelry stores, dry cleaning, laundromats, florists, novelty, notions and boutique stores, video and card shops.
(g)
Appliance, hardware, paint, plumbing and electrical stores.
(h)
Studios for dance, music, art, photography and the like.
(i)
Banks and financial institutions, excluding check cashing businesses and pawn shops.
(j)
Fishing, boating and marine supply stores.
(k)
Business, professional, educational and governmental offices.
(l)
Essential services.
(m)
Child care centers.
§ 35-106.2 Highway Business Zone.
[Ord. No. 94-29 § 118-16.32; Ord. No. 96-27 § 2; Ord. No. 98-30 § 1; Ord. No. 99-37-OAB § 1; Ord. No. 08-14-OAB § 2; Ord. No. 09-15-OA § 7; Ord. No. 11-25-OAB § 2; Ord. No. 2014-25-OAB; Ord. No. 2015-22-OAB § 3; amended 12-16-2019 by Ord. No. 19-44-OAB; 11-20-2023 by Ord. No. 23-40-OAB]
a.
Permitted Uses.
1.
Retail and commercial merchandise and service establishments.
2.
Banks and financial institutions.
3.
Business, corporate, and professional offices including medical offices.
4.
Restaurants, bars and other establishments serving food and beverage including catering establishments.
5.
Retail food stores including supermarkets.
6.
Theatres and recreation facilities, including golf driving ranges, miniature golf, roller rinks, ice rinks, fitness centers, bowling alleys, amusement centers, and batting/basketball cages.
7.
Libraries and museums.
8.
Artists' and photographers' studios.
9.
Business and instructional schools and studios, including trade schools, martial arts and the visual and performing arts.
10.
Health clubs and spas.
11.
General service and repair shops, including carpentry, cabinetmaking, furniture repair, plumbing, or similar shops.
12.
Dental and medical laboratories.
13.
Mortuaries or funeral homes.
14.
Day-care center, preschool and day nursery school.
15.
Veterinary hospital, provided that all animals are kept in a permanent enclosed structure and are not within 150 feet of any existing residential use or zone.
16.
Nonprofit clubs and lodge halls for civic and fraternal organizations.
17.
Automobile rental agencies excluding truck rentals.
18.
Public, quasi-public and private schools and governmental buildings.
19.
Nursing homes and assisted living facilities.
20.
Home building supply and improvement centers.
21.
Fishing, boating and marine supply stores.
22.
(Reserved)
23.
Existing self-storage operations or mini-warehouses previously approved by the Board.
24.
Convents and cemeteries.
25.
Retail sales of motor vehicles defined as low-speed vehicles, provided that merchandise may not be stored within any required off-street parking spaces.
b.
c.
Permitted Accessory Uses. Accessory uses and structures are permitted that are customarily incidental and subordinate to, and located on the same lot as a principal permitted use.
d.
(Reserved)
e.
Impervious Coverage. The maximum impervious coverage in the HB Zone shall be 50%.
§ 35-106.3 Bayfront Commercial Zone.
[Ord. No. 94-29 § 118-16.33; Ord. No. 08-14-OAB § 3; Ord. No. 11-25-OAB § 1; Ord. No. 2015-22-OAB § 12]
a.
Permitted Uses.
1.
Retail sales, which are clearly of a neighborhood size, scope and nature, similar but not limited to the following:
(a)
Convenience stores and retail establishments selling groceries, meats, produce, baked goods and such other food items.
(b)
Stationery, tobacco and newspaper stores.
(c)
Luncheonettes, coffee shops, restaurants, deli, cafe and confectionery stores.
(d)
Novelty, notions and boutique stores.
(e)
Fishing, boating and marine supply stores.
2.
Child care centers pursuant to the Municipal Land Use Law.
b.
Conditional Uses.
c.
Schedule of Regulations.
Regulation | Retail |
|---|---|
Minimum lot area (square feet) | 5,000 |
Minimum lot frontage (feet) | 50 |
Minimum front setback7 (feet) | 25 |
Minimum rear setback (feet) | 20 |
Minimum side setback (feet) | 5 |
Minimum both sides (feet) | 15 |
Minimum floor area (square feet) | 400 |
Maximum lot coverage (%) | 60 |
Maximum structure height (feet) | 35 |
Accessory Buildings9 | |
Minimum rear setback (feet) | 5 |
Minimum side setback (feet) | 5 |
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
§ 35-106.4 Resort Commercial Zone.
[Ord. No. 94-29 § 118-16.34]
a.
Permitted Uses.
1.
All uses permitted in the R-50 Zone Districts in accordance with all standards and regulations applying to that zone.
2.
Hotels, motels, restaurants, theaters and eating and drinking places with the following standards:
(a)
Minimum lot area: 60,000 square feet.
(b)
Minimum frontage: 200 feet.
(c)
Minimum width: 200 feet.
(d)
Minimum depth: 200 feet.
(e)
Minimum front yard: 15 feet.
(f)
Minimum rear yard: 15 feet.
(g)
Minimum one side: 20 feet.
(h)
Minimum both sides: 40 feet.
(i)
Minimum floor area: 5,000 square feet.
(j)
Maximum lot coverage: 35%.
(k)
Maximum height: 40 feet.
(l)
Accessory buildings, minimum side yard and minimum rear yard: 15 feet.
3.
Commercial parking lots with the following standards:
(a)
Minimum lot area: 40,000 square feet.
(b)
Maximum lot area: 60,000 square feet.
(c)
Minimum frontage: 200 feet.
(d)
Minimum lot width: 200 feet.
(e)
Minimum lot depth: 200 feet.
(f)
A strip of land 10 feet in width shall be planted around the entire periphery of the parking lot, except at points of access to adjacent strips. Plantings shall consist of staggered evergreen materials, two rows planted in six feet on centers. Plant materials shall have a minimum height at planting of four feet. Species should be chosen which are expected to reach a height of not more than 20 feet at maturity.
4.
Remote parking lots. Remote parking lots may be approved by the Board to meet the parking requirements, provided that:
(a)
The land on which the remote parking lot is to be established is owned by the person or entity applying for review of the principal use of the structure to which the parking lot is to be accessory. Remote parking lots shall be shown as a part of the site plan for the principal uses which they will serve. A notation shall be made on the site plan that the land area of the remote parking lot has been committed for that use for the life of the principal building to which it is an accessory, and the Board shall require restrictive covenants to be placed on the property to ensure compliance with the foregoing.
(b)
The building coverage does not exceed the percent of coverage permitted in this zone when computing building coverage using the total land area of the lot(s) on which the principal buildings is constructed and the lots which are committed to remote parking.
(c)
The building coverage does not exceed 125% of building coverage permitted in this zone when computing building coverage of the lot(s) on which the principal building is constructed.
(d)
The nature and operating characteristics of the use are appropriate to remote parking and it is anticipated that such parking will adequately serve the use in a convenient and functional manner.
(e)
The location and specific design of the remote parking lot will not create new or aggravate existing problems of traffic flow or traffic safety.
(f)
A strip of land 10 feet in width shall be planted around the entire periphery of the remote parking lot, except at points of access to adjacent streets. Plantings shall consist of staggered evergreen materials, two rows planted six feet on centers. Plant materials shall have a minimum height at planting of four feet. Species should be chosen which are expected to reach a height of not more than 20 feet at maturity.
§ 35-106.5 Rural Highway Business Zone. [1]
[Ord. No. 08-15-OAB § 3; Ord. No. 09-07-OA § 2; Ord. No. 2015-22-OAB § 14; amended 12-16-2019 by Ord. No. 19-44-OAB]
a.
Permitted Uses.
[Amended 10-26-2020 by Ord. No. 20-37-OAB]
1.
All uses permitted in the Neighborhood Business Zone.
2.
Small retail and commercial centers.
3.
Personal service establishments.
4.
Business and professional offices, including medical offices.
5.
Restaurants, bars and other establishments serving food and beverage, including catering establishments.
6.
(Reserved)
7.
Convents and cemeteries.
b.
(Reserved)
[1]
Editor's Note: Former Subsection 35-106.5, Regional Business Zone, previously codified herein and containing portions of Ordinance No. 94-29, was repealed in its entirety by Ordinance No. 08-15-OAB.
§ 35-106.6 Town Center 2 (TC-2) Overlay Zone.
[Ord. No. 11-25-OAB § 5; Ord. No. 2017-13-OAB §§ 5, 6; Ord. No. 2017-24-OAB §§ 6, 7 ]
a.
Permitted Uses.
[Amended 12-16-2019 by Ord. No. 19-44-OAB]
1.
Permitted nonresidential uses in Highway Business Zoned Portion of TC-2 Overlay:
[Amended 10-26-2020 by Ord. No. 20-37-OAB]
(a)
Retail and commercial merchandise and service establishments.
(b)
Banks and financial institutions.
(c)
Business, corporate and professional offices, including medical offices.
(d)
Restaurants, bars and other establishments serving food and beverage, including catering establishments.
(e)
Retail food stores, including supermarkets.
(f)
Libraries and museums.
(g)
Artists' and photographers' studios.
(h)
Business and instructional schools and studios, including trade schools, martial arts and the visual and performing arts.
(i)
Health clubs and spas.
(j)
General service and repair shops, including carpentry, cabinetmaking, furniture repair, plumbing, or similar shop.
(k)
Dental and medical laboratories.
(l)
Mortuaries or funeral homes.
(m)
Day-care center, preschool and day nursery school.
(n)
Veterinary hospital, provided that all animals are kept in a permanent enclosed structure.
(o)
Public, quasi-public and private schools and governmental buildings.
(p)
Nursing homes and assisted-living facilities.
(q)
Fishing, boating and marine supply stores.
b.
Permitted Accessory Uses. Accessory uses and structures are permitted that are customarily incidental and subordinate to, and located on the same lot as a principal permitted use.
c.
Planned Commercial Development Sub-District. That portion of the TC-2 Zone situated east of Route 9 is designated as a Planned Commercial Development Sub-District (PCD). The PCD shall be developed according to a plan as a single entity containing multiple structures with appurtenant common areas to accommodate primarily commercial uses with incidental residential uses.
d.
Development Regulations West of Route 9.
1.
Development shall conform to the following schedule of regulations.
Table 1. Schedule of Height and Bulk West of Route 9 | ||
|---|---|---|
Regulation | HB | Proposed TC-2 Overlay - West of Route 9 |
Minimum lot area (square feet) | 15,000 | 1 acre; 3 acres multi bldgs; |
Minimum lot frontage (feet) (Property must front on Route 9) | 150 | 200; 400 multi bldg. |
Minimum front setback (feet) | 50 | 40; 50 from Route 9 |
Minimum rear setback (feet) | 40 | 30; not less than adjacent residential requirement |
Minimum side setback (feet) | 15 | 20 |
Minimum both sides (feet) | 40 | 40 |
Minimum accessory building setbacks | 10 | 10 |
Minimum floor area (square feet) | 700 | 7,500; 35,000 multi bldgs. |
Maximum lot coverage by buildings (%) | 50 | — |
Maximum impervious coverage (%) [Ord. No. 2017-13-OAB § 9; Ord. No. 2017-24-OAB § 10] | 30% | 30% Subject to the purchase of Development Crests for any development beyond 30% impervious surface coverage of the project site |
Maximum Floor Area Ratio | — | 0.3 < 3 acres; 0.25 ≥ 3 acres |
Maximum Residential Density** [Ord. No. 2017-13-OAB § 9; Ord. No. 2017-24-OAB § 10] | — | 12 du/net acre* - Townhouse & Mixed Use 20 du/net acre* - Multifamily |
Maximum structure height (feet) | 35 | 35 |
* | NET ACRE — shall mean gross acreage minus streets, driveways and land devoted exclusively to nonresidential uses on the same site. |
** |
2.
Residential development shall conform to the following standards.
(a)
No multifamily residential structure shall contain neither fewer than four nor more than 12 dwelling units, except that any building containing deed-restricted affordable units may contain up to 24 dwelling units.
(b)
All development approvals for multifamily residential development shall provide an affordable set-aside of: 15% of the residential units in the development when rental units are developed; and, 20% of the residential units in the development when for-sale units are developed. Specific details on the set-aside requirements for multifamily residential development are provided in Chapter 35, Article XII of the Berkeley Township Code.
[Ord. No. Ord. No. 2017-13-OAB § 5; Ord. No. 2017-24-OAB § 6]
(c)
Driveways for ingress and egress shall connect with other than minor streets wherever possible and shall have a pavement width of at least 40 feet except where they are within a parking area, in which case they shall be not less than 25 feet in width. There shall be not less than two exit-entrance roads to each garden apartment project. All driveways and street construction shall be in accordance with Article X. All projects for which a Major Site Plan approval is required must demonstrate that cross-access easements to connect interior roads and parking to adjacent previously developed sites are not feasible when proposing a new driveway cut directly on Route 9.
(d)
The minimum yard requirements of the Schedule apply to the entire tract, and no buildings shall be located within such yard areas. The minimum distance between buildings shall be 25 feet, except that no wall containing an entrance to a dwelling unit shall be closer than 50 feet to another wall of another structure or accessory building, measured perpendicular to the wall containing the entrance.
(e)
Parking areas may be located in any yard other than the required front yard, but not closer than 25 feet to any property line, and shall comply with all other requirements of the parking regulations applicable to all zones as provided in this chapter.
(f)
Courtyards bounded on three or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot of height of the tallest building.
(g)
Every building shall have a minimum setback of 10 feet from all interior roads, driveways and parking areas.
(h)
Every development shall be provided with garbage and refuse storage and collection areas suitable for containerized collection, screened from view by a solid fence or block wall on three sides and located away from the fronts of buildings. Collection shall be the responsibility of the owner.
(i)
In addition to any storage area within individual dwelling units, 200 cubic feet of storage area for each dwelling unit shall be provided in a convenient, centrally located area in the building, where personal belongings and effects may be stored under lock and separate from the belongings and effects of other occupants.
(j)
Walls of a structure or parallel walls of adjacent structures shall not continue in the same plane for a length of more than 75 feet without an offset of at least four feet.
(k)
Each development shall provide a recreation area or areas at a standard of 1,000 square feet for each 12 dwelling units. Outdoor recreation equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the development.
(l)
Laundry facilities may be located within structures for the use and convenience of residents of the project. Such facilities shall be appropriately controlled to preclude their use by nonresidents of the project.
(n)
Entrances to residential buildings shall be clearly accentuated by architectural features and provide direct access to plazas or courtyards as opposed to parking areas.
(o)
Individual units shall be accessed through common internal lobbies or vestibules.
(p)
A pedestrian circulation plan shall be submitted as part of the site plan review process that demonstrates a safe and workable pedestrian system throughout the site with direct pedestrian access to Route 9.
(q)
Parking shall be no closer than 20 feet to a wall of a residential building. The twenty-foot setback area shall contain a sidewalk and be suitably landscaped.
e.
Supplementary Standards West of Route 9. In addition to the area and bulk requirements in Subsection d, the following requirements shall also be applied:
1.
There shall be no parking or outside display or storage of materials or merchandise in a required front yard area.
2.
When a written agreement is provided by adjoining property owners, no side yard is required between properties of separate ownership where two or more commercial uses abut side to side. A series of abutting structures paralleling a public right-of-way shall provide an unobstructed passage of at least 30 feet in width at intervals of not more than 200 feet.
3.
More than one principal structure is permitted on lots of three acres or more with a minimum frontage on Route 9 of 400 feet; and where access to Route 9 is controlled by a signalized intersection. The minimum distance between freestanding principal buildings on the same site is 40 feet.
4.
As viewed from the street, buildings shall have at least 50% of the front facade located as close to the street line as is allowed in the schedule of area requirements.
5.
A required rear yard that is adjacent to a residential zone shall be no less than the rear yard requirements in the adjacent residential zone.
6.
Landscaped areas and sidewalks shall be provided along the highway edge in accordance with § 35-48m.
7.
Whenever feasible, mass transit opportunities shall be enhanced through the incorporation of design features that accommodate bus and shuttle service such as shelters, street furniture, and pull-off lanes within reasonable proximity to major uses and destinations.
f.
Supplementary Parking Requirements. In addition to the requirements in § 35-63, the following standards shall also be applied in the TC-2 Overlay Zone.
1.
Off-street parking spaces shall be provided on the same lot as the use which they are intended to serve or on an adjacent lot in common ownership.
2.
Shared parking arrangements among adjacent properties not under common ownership may be permitted if the owners demonstrate to the satisfaction of the Planning Board that the supply of parking spaces will be adequate to service the aggregate demand of the uses sharing the parking based on such factors as alternating peak hours; and that the shared arrangement will allow a reduction in impervious coverage of the site below the maximum permitted in the zone and will provide a more efficient circulation pattern including a reduction in curb cuts and access points on Route 9.
3.
No parking space shall be closer than 10 feet to any building to allow for pedestrian circulation to and between stores.
4.
In no case shall the number of parking spaces exceed the minimum requirements by more than 5%.
g.
PCD Standards. The entire portion of the TC-2 Overlay Zone situated on the eastern side of Route 9 is designated a Planned Commercial Development.
1.
Design Standards for PCD. The following design standards will be applied to all development in the PCD sub-district. Any elements not covered by these standards will be subject to other appropriate provisions of the Berkeley Land Development Ordinance.
(a)
General.
(1)
Number of Principal Structures. More than one principal structure is permitted in the PCD area as part of a comprehensive development plan.
(2)
Parcel Size. It is the intention of this plan to redevelop the area as a single parcel. In the event of a subdivision, however, no single redevelopment parcel will be less than three acres.
(3)
An exception to the minimum parcel size may be permitted to satisfy certain financing, ownership or management requirements provided that the PCD continues to function as one comprehensive unit including cross-access and maintenance agreements.
(4)
Setbacks. All principal and accessory structures in the PCD will conform to the setbacks listed in Table 2. No parking or loading facilities are permitted in these setback areas. All setback areas are to be suitably landscaped consistent with the project's overall landscaping and open space plan. That portion of any required setback that is located along Route 9 shall be subject to the requirements of § 35-48m.
Table 2 | |
|---|---|
Required Setbacks for All Buildings Planned Commercial Development (PCD) East of Route 9 | |
Minimum setback from: | |
Adjoining residential property lines outside of the PCD | 300 feet (commercial buildings) 100 feet (residential & mixed use buildings) |
Adjoining commercial property lines outside of the PCD | 20 feet |
Route 9 | 50 feet |
(5)
Where there are no specific yard requirements, all structures will be arranged to provide adequate light and air, a safe and efficient pedestrian and vehicular circulation system, the maximum amount of open space, appropriate access for the maintenance of all structures, and a visually pleasing environment. The final layout of all structures in the PCD will be subject to the approval of the Township Planning Board during the site plan review process.
(6)
Building Height. The maximum height of all buildings in the PCD is three stories and 35 feet. The Planning Board may allow certain minimal exceptions for architectural ornamentation and rooftop mechanical equipment during the site plan review process if it can be demonstrated that the exception will contribute to the architectural theme of the development or is necessary for the safe and efficient operation of the building; and will not create a visual detriment to surrounding properties. All rooftop mechanical equipment must be screened from view.
(7)
The maximum building height is 35 feet with the exception of ornamentation such as skylights, clock towers, spires, cupolas and flagpoles, which may exceed the height of the building by up to 20%. Mechanical equipment required to operate and maintain the building, e.g. HVAC equipment, may also exceed the thirty-five-foot maximum but must be screened from view to the greatest extent practicable.
(8)
The proportion and distribution of building heights may be varied by the Planning Board upon presentation of more detailed architectural plans for the various sections of the PCD that evidences a preferable design alternative such as articulating corners as illustrated below. An overall ratio of one foot of building height per three feet of street width on both sides of a street (or 1.5 feet of distance between building and street centerline on one side of a street) shall be maintained for 15% of all new building frontage (see Figure 1 below).
 Figure 1: The ratio of building height to street width is the average taken along a block front. In the illustration below the average ratio is greater than 1:1.5 for 1 side of the block. |
 |
(9)
Land Coverage - Total impervious coverage should be kept to a minimum but in no case shall it exceed 30% of the total tract except that the impervious surface coverage may be increased beyond 30% with the purchase of Development Credits through the Berkeley Township Transfer of Development Rights Program per Article XX of the Land Development Ordinance. The amount of additional impervious surface coverage permitted beyond 30% for each additional section of development shall be the minimum required for the buildings and associated parking for that section based upon the total number of development credits used in that section. The developer must show compliance with all applicable wetland, stream encroachment and storm water requirements and the requisite purchase of development credits or recorded easements documenting the transfer of development credits to the project site.
(10)
Maximum Residential Units - The Maximum density per net acre of lot area minus street and driveway area shall be 12 units per acre, except that a density bonus may be provided for multifamily residential developments that provide the entirety of the affordable housing requirements that is stipulated in Chapter 35, Article XII of the Berkeley Township Code on site. No multifamily residential or mixed-use structure shall contain neither fewer than four nor more than 12 dwelling units, except that any building containing deed-restricted affordable units may contain up to 24 dwelling units.
(11)
Commercial Floor Area - Total commercial space in the PCD shall not exceed the lesser of 200,000 square feet or 80% of the gross floor area, excluding any structured parking. No single store shall exceed 80,000 square feet of gross floor area.
(b)
Residential.
(1)
Residential buildings will be designed to provide architectural interest and residential character and avoid a monolithic box-like appearance. Pitched roofs are required and architectural embellishments such as dormers are encouraged. Windows should be provided in all building facades to avoid monotonous blank walls. The front of each building will be oriented toward a street or courtyard. Accessory buildings will be designed to complement the principal structures.
(2)
Town home blocks may vary from a minimum of three to a maximum of eight units. Front wall setbacks should vary to provide visual interest.
(3)
Active and passive recreational areas and other public and/or semi-public open space, such as courtyards, plazas, and pedestrian walkways shall be designed and located to promote their use and enjoyment by residents of the development.
(4)
All townhouse units will be arranged to face a public street. Roofs should be either gable or hip; dormers are encouraged. Flat roofs are not permitted.
Table 3 | |
|---|---|
Townhouse Bulk Standards | |
Regulation | Standard |
Minimum lot depth | 100 feet |
Minimum lot width | 20 feet; 30 feet on corner lots |
Minimum lot area | 2,000 square feet |
Minimum front yard | 15 to 17 feet |
Minimum rear yard | 45 feet |
Minimum side yard | 0 interior; 5 feet on corners |
Maximum building height | 3 stories or 35 feet |
Maximum impervious surfaces | 60% |
(5)
Each townhouse will have a covered front porch defining the entry, which may be located within the required front yard. The entry porch should be at least four feet deep and about five feet wide. The porch roof must complement the roof style of the main structure.
(6)
Each townhouse will have a detached single car garage at the rear of the property. Garages will be accessed from a rear alley and be set back four feet from the alley. Under no circumstances are driveways, curb cuts or parking spaces permitted in the front yard. Garages are to be designed to complement the scale and style of the residential unit including elements such as siding, roof, windows and color.
(7)
The townhouse development will include a rear alley that will provide access to the garages and additional parking as well as for deliveries and garbage pickup. The alley and parking areas are to be restricted to townhouse residents and guests. The alley and parking areas are to be designed to discourage through traffic, accommodate safe pedestrian circulation and to minimize paved areas. All portions of the area not absolutely required for the alley or parking shall be landscaped.
(8)
The residential parking area must be separated from the adjoining commercial properties by a landscaped buffer area at least 10 feet wide.
(9)
Front yard fences and fences at corners will be no higher than three feet and be of an open type design such as vertical rails or pickets. Front porch railings and front yard fences should be of complementary materials and design details and painted to be compatible with the house. Fences separating properties will be no higher than five feet and may be solid in design. Fences along the alley cart way shall be no taller than three feet high if solid or five feet if open to maintain a pleasant pedestrian environment along the alley. Chain link fences are prohibited in all cases. Hedges are to be maintained at the same height as fences.
(c)
Commercial.
(1)
Stand-alone retail buildings shall be designed so that front facades have architectural breaks resembling individual storefronts. Building heights will range from one to two stories. Street level facades must contain storefront windows covering at least 50% of the surface area.
(2)
All buildings are required to have entrances accessed directly from a sidewalk or plaza. Upper floors are to be provided with separate exterior entrances unless a large common lobby or atrium is provided. Sidewalks should extend from the building facade to the curb (with appropriate accommodations for street trees) for the purpose of facilitating pedestrian movement and creating opportunities for outdoor eating and shopping areas, and street furniture.
(3)
First floor facades in commercial buildings shall have large, clear storefront glass areas 50% to 70% to display the nature of the business and produce an interesting streetscape. Storefront windows may be either typical large, single pane or multiple smaller panes separated by mullions. All facades shall provide an appropriately sized glass area coupled with interesting architectural details to avoid long blank walls, which are discouraged.
(4)
In a multi-tenant building, each shop will have its own shop front. The shop fronts may either have identical designs to reinforce the building design or varied designs to express the different businesses. A shop front shall be separated from the roofline or a second floor by a horizontal architectural element such as a sash, cornice, frieze, molding, etc.
(5)
Buildings may have awnings or canopies, where appropriate, to complement the architectural style of a building. The design of awnings and canopies will be architecturally compatible with the style, materials, colors and details of such buildings and should not conceal significant architectural features, such as cornices, columns, pilasters or other trim details. Internally illuminated or backlit awnings and canopies are prohibited.
(6)
All ground-level awnings and canopies shall comply with the following standards:
[a]
The maximum height from ground level to uppermost portion of an awning or canopy will not exceed the height of the sill or bottom of any second story window or 15 feet whichever is less. In the case of single-story buildings, the maximum height will not exceed 12 feet or the top of the wall whichever is less.
[b]
The minimum height from ground level to lowermost portion of awning or canopy will be eight feet.
[c]
The maximum horizontal projection dimension of an awning from the building wall, including any appurtenances, will not exceed six feet from the building face. Awnings may project over a public sidewalk but will not be closer than two feet of the vertical plane of the curb edge or the edge of any other public right-of-way.
[d]
The maximum total vertical dimension of an awning will not exceed the total horizontal projection dimension.
[e]
An awning's surfacing material will be constructed of canvas, cloth or vinyl.
[f]
No awning will contain more than two colors plus white. The color of any sign messages or other graphic features will be included in the number of colors. The colors must be compatible with the architectural color scheme of the entire building.
[g]
On buildings with multiple storefronts, compatible awning and canopy frame styles will be used as a means of unifying the structure.
[h]
A business at street level may include identification signage on a canopy or awning subject to the following restrictions:
[1]
The sign will only be located on the front portion of the awning commonly known as the "valance." If a valance is not provided, the sign graphics will be restricted to the lowest 14 inches of the awning parallel to the building wall face.
[2]
An awning sign will be professionally sewn or painted.
[3]
The maximum height of letters, individual numbers or other characters or images on the awning will not exceed 12 inches.
[4]
No single awning will contain sign messages for more than two business establishments.
(d)
Public Plazas and Green Space.
(1)
Any portion of the PCD that is not absolutely required for buildings or parking shall be devoted to public plazas and green space. These areas shall be designed to provide:
[a]
Amenities to the residents of the PCD (which may include low intensity open air recreation activities);
[b]
A lively human-scale street environment for shoppers;
[c]
Protection for environmentally sensitive features;
[d]
Mitigation of "heat island" effects (shading of 50% paved areas or use of highly reflective materials per LEEDNC rating system);
[e]
A workable pedestrian and bicycle circulation system;
[f]
Appropriate visual and noise buffers; and
[g]
A soft transition between the PCD and neighboring residential uses.
(2)
To ensure that the overall plan for the PCD promotes and encourages a suitable environment devoted to civic spaces and open space, not less than twenty (25%) of the entire PCD shall be either restored open space or usable small public parks or plazas situated in accordance with an approved concept plan. To that end, landscaped areas such as parking islands, roadway medians, and planting strips shall not be counted towards the open space requirement. However, stormwater management features, such as retention ponds, stormwater detention areas, rain gardens (bio-retention basins) and the equivalent that are designed to create or supplement landscaped buffers, open space areas or wildlife habitat and are reasonably accessible to the public may be counted toward the minimum open space requirements. Rain gardens of 2,500 square feet or greater that are incorporated into parking lots as a component of stormwater management and which are designed into the pedestrian circulation system with a sitting area adjacent to the rain garden/bio-retention basin and accessible from the walkway may be included in the open space counted towards the 25% requirement.
 Figure 2: Concept Design for Rain Garden eligible for inclusion in required open space. |
(e)
Additional Sustainable Design Requirements.
(1)
Appropriate design features will be incorporated to accommodate potential bus or shuttle service at appropriate locations within each Planned Development. Features may include such elements as shelters, street furniture, information kiosks and pull-off lanes located within reasonable proximity to major uses, not to exceed 1,250 feet walking distance. For purposes of establishing a consistent design vocabulary for Town Center 2 and the PCD, as well as the Town Center and Corridor Nodes, all new bus shelters and kiosks should be equivalent in design and appearance as is shown below:
 Figure 3: Bus Shelter (Duo-gard™) |
 Figure 4: Kiosk (Maglin MLK103 w accessory roof) |
(2)
Public rights-of-way will be designed to meet all local, State and Federal standards. Final determination as to the acceptance of streets within the Planned Development by the Township as public streets shall be made by the Township Council. All pedestrian crossings will utilize materials and colors to readily distinguish vehicular from pedestrian travel ways. All streets, public or private, fronted by buildings with primary access points should be planted with street trees at an average spacing of 30 feet to 40 feet consistent with the project's overall landscaping and open space plan. Light foliaged trees (Ginko, Honey Locust, Ash, etc) are encouraged in front of commercial uses to increase visibility of signage.
(3)
All rooftop mechanical equipment and other appurtenances visible from six feet above grade within 100 feet of the building shall be concealed by or integrated within the roof form and screened from the view of all adjoining properties and building floors or nearby streets. The following, when above the roofline, requires screening: stairwells, elevator shafts, air-conditioning units, large vents, heat pumps, and mechanical equipment.
(4)
All wall-mounted mechanical, electrical, communication, and service equipment, including satellite dishes and vent pipes, shall be screened from public view by parapets, walls, fences, architectural grills, landscaping, or other approved measures.
(5)
Solid security gates or solid roll-down metal windows shall not be permitted. Link or grill-type security devices shall be permitted only if installed from the inside, within the window or door frame. Security grills shall be recessed or concealed during normal business hours.
(6)
Front yard fences shall be permitted at a height not to exceed three feet and shall be less than 60% solid.
(7)
The developer will prepare a landscaping and open space plan for review by the Planning Board. The plan will be prepared by a licensed landscape architect and specifically address and demonstrate how each of the above objectives is achieved. These performance standards take the place of any landscaping or buffer requirements currently in the Berkeley ordinances.
(f)
Parking, Loading and Bicycle Storage Facilities.
(1)
Parking for residential uses will be provided in conformance with the New Jersey Residential Site Improvement Standards.
(2)
Whenever possible, surface parking should be located to the side or rear of the building. Parking areas are prohibited between the street right-of-way and the front facade of a building, provided that a regional retail use (department store, supermarket, wholesale club, warehouse retail) may have parking located adjacent to the main public entrance and exit provided that such parking is designed so as not to discourage pedestrian access to the use from other areas of the PCD.
(3)
Where individual garages are provided for townhouse units they will be accessed from the rear of the unit. Front-loaded garages are prohibited to prevent cars from being the dominant feature of the development and from interrupting the pedestrian-way. Where common garages are provided for either townhouses or multifamily buildings, they will be located and designed to be minimally visible from the street. Guest parking for townhouse and multifamily buildings may be provided on-street and in parking areas for nonresidential uses that are not active in the evenings or on weekends.
(4)
Surface lots shall be extensively landscaped or designed with a combination of interior and perimeter landscape treatments that mitigate against the adverse visual impact, heat island effect and the generation of stormwater runoff. Tree islands are recommended at the ends of each aisle and interspersed within aisles to provide visual relief from long expanses of parking and to guide circulation. All commercial parking areas shall be broken up into sections separated by landscaped islands wide enough to incorporate a pedestrian walkway flanked by five foot minimum planting strips to support medium sized shade trees or ornamental trees. The pedestrian walkways shall be designed into the overall pedestrian and bicycle circulation system within the Town Center.
(5)
To connect parking lots to destination points, internal pedestrian pathways will be included to protect pedestrians from vehicles and to connect the parking lot to adjoining streets and commercial and residential properties. Pathways will contain consistent design and landscaping elements, which relate to the overall design of the project. The materials and colors used for the pedestrian paths will distinguish vehicular travel ways from pathways designed for pedestrian use.
(6)
Loading and service areas will be designed, located and arranged to be of appropriate size for the intended use; so as not to interfere with vehicular or pedestrian circulation; and to be screened from public view.
(7)
Service and loading areas must be located to the side or rear of buildings unless a more appropriate location is approved by the Planning Board. Loading docks shall not be located along primary street frontages. Screening and landscaping shall be provided to minimize direct views of the loading areas and their driveways from adjacent properties or from the public right-of-way. Screening and buffering shall be achieved through walls, fences, and landscaping. Screening shall be a minimum of six feet high and shall be visually impervious. Recesses in the building, or depressed access ramps, may be used.
(8)
Shared refuse storage facilities shall be utilized where available and practical. The storage of refuse shall be provided inside building(s) or within an outdoor area in the rear of the property, screened around the perimeter by a roofed wood enclosure; or by brick walls with a minimum height of seven feet with a gate or door. Such a wall shall be capped on the top.
(9)
No delivery, loading, trash removal or compaction, or other such operations shall be permitted in areas of the site located within 500 feet of an off-tract residential use between the hours of 9:00 p.m. and 6:00 a.m. unless the applicant submits evidence that sound barriers between all areas for such operations effectively reduce noise emissions to a level compliant with Township noise ordinances, as measured at the lot line of any adjoining property.
(10)
Provide at least one secured, enclosed bicycle storage space for 30% of planned residential occupancy of multifamily residential units (excluding townhouses with garages), but not less than one space per multifamily residential unit.
(11)
Bike racks shall be provided at a rate of one multi-loop bike rack per every 20 parking spaces for nonresidential uses within the PCD, but not less than the greater of one bicycle space per business or four bicycle spaces per project site for retail or four bicycle spaces per building for nonretail, nonresidential uses.
(12)
Provide at least one secured enclosed bicycle storage space per worker for 10% of the worker planned occupancy for nonresidential uses with a changing room and shower for 100 or more workers of planned occupancy and an additional changing room and shower for each additional 150 workers of planned occupancy thereafter.
(g)
Pedestrian Crossings.
(1)
Safe provisions for pedestrian access to and through a parking lot shall be required, including striping, enhanced pavement markings, traffic calming features and sufficient lighting in accordance with Township standards.
(2)
All pedestrian crossings will utilize materials and colors to readily distinguish vehicular from pedestrian travel ways. In keeping with the Master Plan policies for the Route 9 corridor, the highway edge will focus on landscaping and quality architecture as opposed to parking lots and blank walls. Appropriate landscaped areas should be provided along the highway edge that include provisions for walkways, bike paths, plantings, and shade trees in accordance with § 35-48m.
§ 35-106.7 Corridor Node (CN) Overlay Zone Regulations.
[Ord. No. 11-25-OAB § 6; Ord. No. 2015-22-OAB § 18; Ord. No. 2017-13-OAB §§ 7, 8; Ord. No. 2017-24-OAB §§ 8, 9; amended 8-19-2024 by Ord. No. 24-42-OA]
b.
Permitted Accessory Uses. Accessory uses and structures are permitted that are customarily incidental and subordinate to, and located on the same lot as a principal permitted use.
c.
Development Standards.
1.
Development in the CN Overlay shall conform to the following schedule of regulations.
Table 1: Schedule of Height and Bulk | |
|---|---|
Regulation | CN Overlays |
Minimum lot area (square feet) | 1 acre; 3 acres multi bldgs; |
Minimum lot frontage (feet) Property must front on Route 9 | 200; 400 multi bldg. |
Minimum front setback (feet) | 40; 50 from Route 9 |
Minimum rear setback (feet) | 30; not less than adjacent residential requirement |
Minimum side setback (feet) | 20 |
Minimum both sides (feet) | 40 |
Minimum accessory building setbacks | 10 |
Minimum floor area (square feet) | 7,500; 35,000 multi bldgs. |
Maximum lot coverage by buildings (%) | — |
Maximum impervious coverage (%) | 30% Subject to the purchase of Development Credits for any development beyond 30% impervious surface coverage of the project site |
Maximum Floor Area Ratio | 0.3 < 3 acres; 0.25 ≥ 3 acres |
Maximum Residential Density** | 8 du/net acre* — Townhouse & Mixed Use 20 du/net acre* - Multifamily |
Maximum structure height (feet) | 35 |
* | NET ACRE – Shall mean gross acreage minus streets, driveways and land devoted exclusively to nonresidential uses on the same site. |
** |
2.
Multifamily and townhouse residential development shall conform to the following standards.
(a)
No multi-family residential structure shall contain neither fewer than four nor more than 12 dwelling units, except that any building containing deed-restricted affordable units may contain up to 24 dwelling units.
(b)
All development approvals for multifamily residential development shall provide an affordable set-aside of: 15% of the residential units in the development when rental units are developed; and, 20% of the residential units in the development when for-sale units are developed. Specific details on the set-aside requirements for multifamily residential development are provided in Chapter 35, Article XII of the Berkeley Township Code.
(c)
Driveways for ingress and egress shall connect with other than minor streets wherever possible and shall have a pavement width of at least 40 feet except where they are within a parking area, in which case they shall be not less than 25 feet in width. There shall be not less than two exit-entrance roads to each garden apartment project. All driveways and street construction shall be in accordance with Article X. All projects for which a Major Site Plan approval is required must demonstrate that cross-access easements to connect interior roads and parking to adjacent previously developed sites are not feasible when proposing a new driveway cut directly on Route 9.
(d)
The minimum yard requirements of the Schedule apply to the entire tract, and no buildings shall be located within such yard areas. The minimum distance between buildings shall be 25 feet, except that no wall containing an entrance to a dwelling unit shall be closer than 50 feet to another wall of another structure or accessory building, measured perpendicular to the wall containing the entrance.
(e)
Parking areas may be located in any yard other than the required front yard, but not closer than 25 feet to any property line, and shall comply with all other requirements of the parking regulations applicable to all zones as provided in this chapter.
(f)
Courtyards bounded on three or more sides by the wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot of height of the tallest building.
(g)
Every building shall have a minimum setback of 10 feet from all interior roads, driveways and parking areas.
(h)
Every development shall be provided with garbage and refuse storage and collection areas suitable for containerized collection, screened from view by a solid fence or block wall on three sides and located away from the fronts of buildings. Collection shall be the responsibility of the owner.
(i)
In addition to any storage area within individual dwelling units, 200 cubic feet of storage area for each dwelling unit shall be provided in a convenient, centrally located area in the building, where personal belongings and effects may be stored under lock and separate from the belongings and effects of other occupants.
(j)
Walls of a structure or parallel walls of adjacent structures shall not continue in the same plane for a length of more than 75 feet without an offset of at least four feet.
(k)
Each development shall provide a recreation area or areas at a standard of 1,000 square feet for each 12 dwelling units. Outdoor recreation equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the development.
(1)
Laundry facilities may be located within structures for the use and convenience of residents of the project. Such facilities shall be appropriately controlled to preclude their use by nonresidents of the project.
(m)
Entrances to residential buildings shall be clearly accentuated by architectural features and provide direct access to plazas or courtyards as opposed to parking areas.
(n)
Individual units shall be accessed through common internal lobbies or vestibules.
(o)
A pedestrian circulation plan shall be submitted as part of the site plan review process that demonstrates a safe and workable pedestrian system throughout the site with direct pedestrian access to Route 9.
(p)
Parking shall be no closer than 20 feet to a wall of a residential building. The twenty-foot setback area shall contain a sidewalk and be suitably landscaped.
d.
Supplementary Standards - Nonresidential Uses. In addition to the area and bulk requirements in Subsection c above, the following requirements shall also be applied:
1.
There shall be no parking or outside display or storage of materials or merchandise in a required front yard area.
2.
When a written agreement is provided by adjoining property owners, no side yard is required between properties of separate ownership where two or more commercial uses abut side to side. A series of abutting structures paralleling a public right-of-way shall provide an unobstructed passage of at least 30 feet in width at intervals of not more than 200 feet.
3.
More than one principal structure is permitted on lots of three acres or more with a minimum frontage on Route 9 of 400 feet; and where access to Route 9 is controlled by a signalized intersection. The minimum distance between freestanding principal buildings on the same site is 40 feet.
4.
As viewed from the street, buildings shall have at least 50% of the front facade located as close to the street line as is allowed in the schedule of area requirements.
5.
A required rear yard that is adjacent to a residential zone shall be no less than the rear yard requirements in the adjacent residential zone.
6.
Landscaped areas and sidewalks shall be provided along the highway edge in accordance with § 35-48m.
7.
Whenever feasible, mass transit opportunities shall be enhanced through the incorporation of design features that accommodate bus and shuttle service such as shelters, street furniture, and pull-off lanes within reasonable proximity to major uses and destinations.
e.
Supplementary Parking Requirements. In addition to the requirements in § 35-63, the following standards shall also be applied in the CN Overlay Zones:
1.
Off-street parking spaces shall be provided on the same lot as the use which they are intended to serve or on an adjacent lot in common ownership.
2.
Shared parking arrangements among adjacent properties not under common ownership may be permitted if the owners demonstrate to the satisfaction of the Planning Board that the supply of parking spaces will be adequate to service the aggregate demand of the uses sharing the parking based on such factors as alternating peak hours; and that the shared arrangement will allow a reduction in impervious coverage of the site below the maximum permitted in the zone and will provide a more efficient circulation pattern including a reduction in curb cuts and access points on Route 9.
3.
No parking space shall be closer than 10 feet to any building to allow for pedestrian circulation to and between stores.
4.
In no case shall the number of parking spaces exceed the minimum requirements by more than 5%.
§ 35-107.1 Industrial Zones: LI and GI.
[Ord. No. 94-29 § 118-16.36; Ord. No. 96-27 § 3; Ord. No. 2015-22-OAB § 15]
a.
Permitted Uses in All Industrial Zones.
1.
Light manufacturing.
2.
The warehousing and storage of goods and products excluding the warehousing and storage of hazardous chemicals.
3.
Wholesaling or distributing establishments, except for used automobiles.
4.
Scientific or research laboratories.
5.
Executive or administrative offices of an industrial, business or professional concern which are not normally involved in conducting business with the general public.
6.
Essential services.
7.
Agricultural activities as permitted in the rural zones.
b.
(Reserved)
c.
Conditional Uses in All Industrial Zones.
§ 35-107.2 Light Industrial Zone.
[Ord. No. 94-29 § 118-16.37; Ord. No. 97-22 § 1; Ord. No. 2015-22-OAB § 13]
a.
Permitted Uses.
2.
General assembly and packaging.
3.
Distribution centers.
4.
The fabrication of paper products, wood products, glass products and metal products.
5.
Wholesaling establishments.
6.
Wholesale building material supply yards, yards of contractors in the construction or building trades and similar operations requiring bulk storage of materials and equipment, such as building construction supplies and the equipment, vehicles and supplies of heavy equipment contractors.
7.
Contractor or craftsmen shops with equipment storage areas.
8.
Food and associated industries, including but not limited to, bakeries, food processing, food sundry manufacturing.
9.
(Reserved)
10.
Existing airport and related facilities including a paved runway or runways, paved taxiways and paved ramps, and may include hangars, tie-down facilities, control towers, terminals and terminal activities, navigation instrument aids, maintenance facilities and operations, flight schools and operations, fuel storage, fuel dispensing equipment, fences and parking areas.
§ 35-107.3 General Industrial Zone.
[Ord. No. 94-29 § 118-16.38; Ord. No. 05-12-OAB § 1; Ord. No. 2015-22-OAB § 16; 10-26-2020 by Ord. No. 20-37-OAB]
§ 35-107.4 (Reserved) [1]
[1]
Editor's Note: Subsection 35-107.4, Industrial Park Zones, containing portions of Ord. No. 94-29 was repealed in its entirety by Ord. No. 2015-22-OAB, § 17.
§ 35-108.1 Permitted Uses.
[Ord. No. 94-29 § 118-16.40A]
a.
This zone covers the ocean, beach and dune lines of the Township. No structures other than temporary structures erected by a public body for essential government services or seasonal activities shall be permitted.
§ 35-108.2 Conditional Uses.
[Ord. No. 94-29 § 118-16.40B]
a.
None.
§ 35-109.1 Permitted Uses.
[Ord. No. 94-29 § 118-16.41A]
Permitted uses shall be those permitted in the underlying zone, subject to the following restrictions:
a.
Residential development is restricted to single-family detached units, with each unit situated on a lot at least three acres in size, and with the dwelling unit physically located outside of the clear zone.
b.
Commercial and industrial activities shall not be located in the clear zone.
c.
Permitted uses shall be selected and located to minimize unwarranted concentrations of persons within the airport hazard area.
§ 35-109.2 Prohibited Uses.
[Ord. No. 94-29 § 118-16.41B]
a.
Prohibited uses in the Airport Safety and Hazard Overlay Zone shall be those prohibited in the underlying zone in addition to the following:
1.
Single-family residential dwelling units not situated on three acres or more.
2.
Single-family residential units in the clear zone.
3.
Planned unit developments.
4.
Multifamily dwellings.
5.
Hospitals.
6.
Schools.
7.
Above-ground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
8.
Within the runway and subzone only, the above-ground bulk tank storage of flammable or toxic gases and liquids.
9.
Any use which, in the opinion of the Berkeley Township Zoning Officer, after consultation with the airport manager, may attract the massing of birds, including landfills.
10.
Above grade major utility transmission lines and/or mains.
b.
Should a prohibited use be granted by special reasons variance, it shall be conditioned on receipt of approval from the Commissioner of the Department of Transportation of the State of New Jersey.
§ 35-109.3 Height.
[Ord. No. 94-29 § 118-16.41C]
Structures and objects prohibited which would, by their vertical height, interfere with, diminish, change or obstruct the air space or area available for the landing and take-off of aircraft.
§ 35-109.4 Description.
[Ord. No. 94-29 § 118-16.41D]
The Airport Safety and Hazard Overlay Zone shall consist of a runway subzone, two runway end subzones and two clear zones. Where the airport hazard area outer boundary intersects and is limited by a Township boundary, the Township's jurisdiction over the Airport Safety and Hazard Overlay Zone shall be limited to that Township boundary line.
§ 35-109.5 General Provisions.
[Ord. No. 94-29 § 118-16.41E]
a.
No zoning permit, building permit or certificate of occupancy can be issued for any use or structure which would violate the requirements of this chapter.
b.
Nothing adopted herein shall require interference with, the removal or lowering of or other change or alteration of any structure or tree which conformed to the requirements of the underlying zone when this section was adopted.
c.
All residential dwellings and commercial or industrial structures which conformed to the requirements of the underlying zone when this section was adopted, and which are within the Airport Safety and Hazard Overlay Zone but not within the clear zone, shall be classified as preexisting conforming structures.
d.
All residential dwellings and commercial or industrial structures which conformed to the requirements of the underlying zone when this section was adopted, and which are within the clear zone, shall be classified as preexisting nonconforming structures. For this classification of structures, a property owner may seek and Berkeley Township may grant on a one-time basis, up to a 10% horizontal expansion of the structure without having to obtain a permit from the Commissioner of the Department of Transportation of the State of New Jersey. Any vertical expansion not in conformance with the requirements of this section requires the granting of a permit from the Commissioner of the Department of Transportation of the State of New Jersey.
e.
No variance or other relief from the standards promulgated by or under this section may be granted except under the condition that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner of the Department of Transportation of the State of New Jersey.
§ 35-109.6 Submission Requirements.
[Ord. No. 94-29 § 118-16.41F]
In addition to the submission requirements required by other sections of this chapter, any application for construction or development in the Airport Safety and Hazard Overlay Zone shall include documents indicating that the proposed development shall include documents indicating that the proposed development will not violate the provisions of this section. Such documents may include site plans, specifications, construction drawings and any other exhibits which demonstrate the vertical and horizontal limits of the proposal. Approval may be granted if the proposal does not violate the vertical and horizontal limits of this section and does not create an additional airport hazard by limiting the size of the space available for landing, take-off and maneuvering of aircraft.
§ 35-109.7 Minimum Vertical Obstruction Standards.
[Ord. No. 94-29 § 118-16.41G]
This subsection establishes the vertical limits up to which structures or trees may be developed or grow within the Airport Safety and Hazard Overlay Zone.
a.
All vertical limits are elevations measured relative to the established and published runway and elevations. These reference datum elevations are the elevations of the runway center line at the ends of the runway subzone. A line is set at 90° to and in each direction outward from the runway center line for a distance of 125 feet. This is done at each end of the runway. Within the area defined by the four points so established, no development is allowed above the natural grade of the soil except for runway and flight safety equipment.
b.
The vertical limits within the remainder of the runway subzone are determined by establishing planes from the edges of the longitudinal (parallel to runway center line) zero-foot development restriction lines established above. These planes slope upward and outward at a rate of seven feet horizontally to one foot vertically. These planes cease when they reach the outer longitudinal borders of the runway subzone, at which point the elevation will be 150 feet above the starting point at the longitudinal zero foot development line. Figure 2[1] depicts vertical limits within the runway subzone.
[1]
Editor's Note: Figure 2 is on file in the Office of the Township Clerk.
c.
The vertical limits within each runway end subzone are determined by first establishing a plane along the runway center line extended having a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its 3,000-foot length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outermost portion of the runway end subzone. The elevation will be 150 feet above the starting elevation at the zero-foot development line. The vertical limits within the remainder of the runway end subzone are determined by establishing sloping planes from the outermost longitudinal edges of the plan established above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet. Figure 3 depicts the vertical limits within the runway end subzone.[2]
[2]
Editor's Note: Figure 3 is on file in the Office of the Township Clerk.
§ 35-110.1 Preservation Area Zone.
[Ord. No. 01-21-OAB § 32; Ord. No. 2012-16-OAB § 7]
a.
Permitted Uses.
2.
Berry agriculture and horticulture of native plants and other activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
3.
Forestry.
4.
Beekeeping.
5.
Fish and wildlife management and wetlands management.
6.
Pinelands development credits.
7.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
The parcel will contain no more than one campsite per two acres, provided that the campsites may be clustered at a net density not exceeding six campsites per acre;
(e)
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel; and
(f)
No more than 1% of the parcel will be covered with impervious surfaces.
8.
Public service infrastructure that is necessary to serve only the needs of uses in the Preservation Area. Centralized wastewater treatment and collection facilities shall be permitted to service uses in the PA Zone only in accordance with Subsection 35-159b2.
9.
Expansion of existing intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February 7, 1979 and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with the character of the Preservation Area District and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
§ 35-110.2 Forest Area Residential - 5 Zone.
[Ord. No. 01-21-OAB § 32; Ord. No. 2012-16-OAB §§ 8-11]
a.
Permitted Uses.
1.
Detached single-family dwellings on lots having a minimum lot area of 5.0 acres, provided that clustering of the permitted dwellings shall be required in accordance with Subsection 35-102.1 whenever two or more units are proposed as part of a residential development.
2.
Detached single-family dwellings on lots having a minimum lot area of 3.2 acres, in accordance with Subsection 35-89.15a.
4.
Detached single-family dwellings on lots having a minimum lot area of 1.0 acre, provided that all of the following standards and criteria are met:
(a)
The owner of the lot proposed for development acquires sufficient vacant noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 25 acres;
(b)
All lands acquired pursuant to Subsection a4(a) above, which may or may not be developable, are located within the FAR-30 Zone;
(c)
All noncontiguous lands acquired pursuant to Subsections a4(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
(1)
The deed of restriction shall permit the parcel to be managed for:
[a]
Low intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;
[b]
Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:
[1]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[2]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[3]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection (1)[b][2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection (1)[a] above and shall not provide for continuation of any agricultural use on the parcel; and
[4]
The deed of restriction to be recorded pursuant to Subsections (1)[b][1] or [2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Ocean County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(2)
The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
(d)
Tax assessments for the acquired noncontiguous lands shall be combined and assigned to the lot to be developed; and
5.
Agriculture.
6.
Forestry.
7.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
8.
Public service infrastructure intended to primarily serve only the needs of uses in the Pinelands Area. Centralized wastewater treatment and collection faculties shall be permitted to service uses in the FAR-5 Zone only in accordance with Subsection 35-159b2.
9.
Fish and wildlife management and wetlands management.
b.
Accessory Uses: Home occupations.
§ 35-110.3 Forest Area Residential - 30 Zone.
[Ord. No. 01-21-OAB § 32; Ord. No. 05-23-OAB § 10; Ord. No. 06-17-OAB §§ 13, 14; Ord. No. 06-19-OAB §§ 13, 14; Ord. No. 2012-16-OAB §§ 12-15]
a.
Permitted Uses.
1.
Detached single-family dwellings on lots having a minimum lot area of 30.0 acres, provided that clustering of the permitted dwellings shall be required in accordance with Subsection 35-102.1 whenever two or more units are proposed as part of a residential development.
2.
Detached single-family dwellings on lots having a minimum lot area of 3.2 acres, in accordance with Subsection 35-89.15a.
4.
Detached single-family dwellings on lots having a minimum lot area of 1.0 acre existing as of January 14, 1981, provided that all of the following standards and criteria are met:
(a)
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 30 acres;
(b)
All lands acquired pursuant to Subsection a4(a) above, which may or may not be developable, are located within the FAR-30 Zone;
(c)
All noncontiguous lands acquired pursuant to Subsections a4(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection 35-110.2a4(c).
(d)
Tax assessments for the acquired noncontiguous lands shall be combined and assigned to the lot to be developed; and
5.
(Reserved)
6.
Agriculture.
7.
Forestry.
8.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
9.
Public service infrastructure intended to primarily serve only the needs of uses in the Pinelands Area. Centralized wastewater treatment and collection facilities shall be permitted to service uses in the FAR-30 Zone only in accordance with Subsection 35-159b2.
10.
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February 7, 1979 and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with the character of the forest area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
11.
Fish and wildlife management and wetlands management.
12.
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
§ 35-110.4 Forest Area Residential Cluster - 30 Zone.
[Ord. No. 01-21-OAB § 32; Ord. No. 2012-16-OAB §§ 16-19]
a.
Permitted Uses.
1.
Detached single-family dwellings on lots having a minimum lot area of 30.0 acres, provided that clustering of the permitted dwellings shall be required in accordance with Subsection 35-102.1 whenever two or more units are proposed as part of a residential development.
2.
Detached single-family dwellings on lots having a minimum lot area of 3.2 acres, in accordance with Subsection 35-89.15a.
4.
Detached single-family dwellings on lots having a minimum lot area of 1.0 acre existing as of January 14, 1981, provided that all of the following standards and criteria are met:
(a)
The owner of the lot proposed for development acquires sufficient vacant noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 30 acres;
(b)
All lands acquired pursuant to Subsection a4(a) above, which may or may not be developable, are located within the FAR-30C or FAR-30 Zone;
(c)
All noncontiguous lands acquired pursuant to Subsections a4(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with Subsection 35-110.2a4(c).
(d)
Tax assessments for the acquired noncontiguous lands shall be combined and assigned to the lot to be developed; and
5.
Agriculture.
6.
Forestry.
7.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
8.
Public service infrastructure intended to primarily serve only the needs of uses in the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service uses in the FAR-30 Zone only in accordance with Subsection 35-159b2.
9.
Fish and wildlife management and wetlands management.
10.
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
§ 35-110.5 Forest Area - Highway Commercial Zone.
[Ord. No. 01-21-OAB § 32]
a.
Permitted Uses.
1.
All uses permitted in the Neighborhood Business Zone.
2.
Retail sales activities supported by Township and Pinelands residents as a whole, similar to but not limited to the following: clothing stores, gift shops, furniture and appliance stores.
3.
Services supported by Township and Pinelands residents as a whole, similar to but not limited to the following: restaurants and diners, private schools conducted for a profit, funeral parlors, local offices of public utilities, taverns and bars, bowling alleys, veterinary offices and hospitals, warehouse facilities and publishing facilities.
4.
Self-storage facilities.
§ 35-110.6 Forest Area - Light Industrial Zone.
[Ord. No. 01-21-OAB § 32; amended 9-18-2023 by Ord. No. 23-32-OAB]
a.
Permitted Uses.
1.
Light manufacturing.
2.
The warehousing and storage of goods and products, excluding the warehousing and storage of hazardous chemicals.
3.
Wholesaling and distributing establishments, except for used automobiles.
4.
Scientific or research laboratories.
5.
Executive or administrative offices of an industrial, business or professional concern which are not normally involved in conducting business with the general public.
6.
Public service infrastructure intended to primarily serve only the needs of uses in the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service uses in the FA-LI Zone only in accordance with Subsection 35-159b2.
7.
Retail sales associated with and subordinate to light manufacturing, warehousing, and storage uses. Retail sales use may occupy up to 20% of the light manufacturing, warehousing, and storage use area within the same structure or building.
c.
Conditional Uses.
[Added 12-16-2019 by Ord. No. 19-44-OAB; amended 10-26-2020 by Ord. No. 20-37-OAB]
§ 35-110.7 Forest Area - Conservation Zone.
[Ord. No. 01-21-OAB § 32]
a.
Permitted Uses.
1.
Fish and wildlife management.
2.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
3.
Limited dedicated public rights-of-way for emergency access and permitted low intensity recreational uses.
§ 35-110.8 Municipal/County Facilities Zone.
[Ord. No. 01-21-OAB § 32]
a.
Permitted Uses.
1.
All nonresidential uses permitted in the Preservation Area Zone pursuant to Subsection 35-110.1 above.
2.
Expansion or alteration of the existing municipal complex, including, but not limited to, the 67,581 square feet of building space existing as of the effective date of this ordinance[1], provided that:
(b)
The area of expansion does not exceed 50% of the floor area, the area of the municipal complex or the capacity of the municipal complex, whichever is applicable, on January 14, 1981.
[1]
Editor's Note: Ordinance No. 01-21-OAB which added this subsection was adopted July 24, 2001.
3.
Publicly owned airport facilities and compatible light industrial uses located in that portion of the existing public Robert J. Miller Airpark situated within the Pinelands Forest Area.
4.
Expansion or alteration of those facilities located in that portion of the existing public Robert J. Miller Airpark situated within the Pinelands Preservation Area District, provided that:
b.
Accessory Uses.
1.
Communications towers as an element of, and accessory to, an existing municipal facility or other publicly owned facility provided such meets the requirements set forth as Subsection a2 above and further provided such conforms to Subsection 35-89.8, which specifies a maximum height of 200 feet. Nothing herein shall be construed to prohibit up to two accessory communications facilities; provided, however, that any abandoned or unused communications facility shall be removed within 12 months of the cessation of operations at the site and that, upon the dismantling and removal of the communications facility, the property on which the facility was located shall be restored in accordance with the N.J.A.C. 7:50-6.24.
§ 35-110.9 Agricultural Production Zone.
[Ord. No. 01-21-OAB § 32; Ord. No. 2012-16-OAB § 20]
a.
Permitted Uses.
1.
Detached single-family dwellings on lots having a minimum lot area of 3.2 acres, in accordance with Subsection 35-89.15a.
3.
Detached single-family residential dwellings at a gross density of one dwelling unit per 40 acres, provided that:
(a)
The dwellings shall be clustered on lots having a lot area of at least one acre but no greater than five acres;
(b)
The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the property; and
(c)
The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.
4.
Agriculture.
5.
Forestry.
6.
Low intensity recreational uses, provided that:
(a)
The parcel proposed for low intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
7.
Agricultural products processing facilities.
8.
Pinelands development credits.
9.
Public service infrastructure, except that centralized wastewater treatment and collection faculties shall be permitted to service the AP Zone only in accordance with Subsection 35-159b2.
10.
Fish and wildlife management and wetlands management.
b.
Conditional Uses.
[Amended 12-16-2019 by Ord. No. 19-44-OAB; 10-26-2020 by Ord. No. 20-37-OAB]
c.
Accessory Uses.
1.
Home occupations.
2.
Detached residential dwelling units on lots having a minimum lot area of 10 acres, provided that:
(a)
The dwelling is accessory to an active agricultural operation;
(b)
The dwelling is for an operator or employee and their immediate family of the farm who is actively engaged in and essential to the agricultural operation;
(c)
The dwelling is to be located on a lot that is under or qualified for agricultural assessment;
(d)
The dwelling is located on a lot that has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area;
(e)
A residential lot has not been subdivided from the property within the previous five years unless the lot has been subdivided pursuant to Subsection 35-89.15a; and
(f)
No more than one lot may be created for a dwelling pursuant to this subsection at any one time.
§ 35-110.10 Rural Development Area Zone.
[Ord. No. 01-21-OAB § 32; amended 12-16-2019 by Ord. No. 19-44-OAB]
a.
Permitted Uses.
1.
For land outside the bounds of a Planned Residential Retirement Community (PRRC) existing prior to the effective date of this section, detached single-family dwellings on lots having a minimum lot area of 3.2 acres. For land within the bounds of a PRRC existing prior to the effective date of this section, development shall comply with all requirements applicable to a PRRC located in the R-400 PRRC Zone as set forth at length in § 35-101 of this chapter.
2.
Public buildings of a governmental or educational nature, schools, public parks and playgrounds.
§ 35-110.11 Rural Development Recreation Zone.
§ 35-110.12 Regional Growth Residential Zone.
[Ord. No. 01-21-OAB § 32; Ord. No. 05-23-OAB §§ 1, 4; Ord. No. 06-17-OAB § 15; Ord. No. 06-19-OAB § 15; amended 12-16-2019 by Ord. No. 19-44-OAB]
a.
Permitted Uses.
1.
Detached single-family dwellings on lots having a minimum lot area of 3.2 acres, in accordance with § 35-95 (Schedule of Requirements).
[Editor's Note: The Schedule of Requirements is included as an attachment to this chapter.]
2.
Public buildings of a governmental or educational nature, schools, public parks and playgrounds.
3.
Home occupations.
4.
Public service infrastructure.
b.
Conditional Uses.
1.
Planned residential retirement communities in accordance with § 35-101, provided that:
(a)
A demonstration is made to the satisfaction of the Planning Board that access to the PRRC as required by § 35-145 is available and can be located and designed in a manner which will avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered plan and animal species defined as such in N.J.A.C. 7:50-6.27 and 7:50-6.33;
(b)
A forested buffer zone of at least 100 feet in width is maintained between the PRRC and all existing residential development on adjacent parcels. No development shall be permitted within the required buffer zone except for entrances, gatehouses and fences; and
(c)
A forested buffer zone of at least 300 feet in width is maintained between the PRRC and exterior boundary of the RGR Zone where it coincides with the boundary of the Pinelands Area. No development shall be permitted within the required buffer.
2.
Places of assembly.
§ 35-111.1 Intent and Purpose.
[Ord. No. 2012-27-OAB § 2]
The Governing Body of the Township of Berkeley finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of Township of Berkeley, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this section is to designate riparian zones, and to provide for land use regulation therein for those riparian zones located outside the Pinelands Management Area in order to protect the streams, lakes, and other surface water bodies of the Township of Berkeley; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within the Township of Berkeley; to protect the riparian and aquatic ecosystems of the Township of Berkeley; to provide for the environmentally sound use of the land resources of the Township of Berkeley, and to complement existing State, regional, County, and municipal stream corridor protection and management regulations and initiatives.
The specific purposes and intent of this section are to:
a.
Restore and maintain the chemical, physical, and biological integrity of the water resources of the Township of Berkeley;
b.
Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and de-nitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed flow prior to reaching receiving waters;
c.
Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;
d.
Provide for the availability of natural organic matter (leaves and twigs) and large woody debris (trees and limbs) that provide food and habitat for aquatic organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
e.
Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;
f.
Maintain base flows in streams and moisture in wetlands;
g.
Control downstream flooding; and
h.
Conserve the natural features important to land and water resources, e.g., headwater areas, ground water recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
§ 35-111.2 Statutory Authority.
[Ord. No. 2012-27-OAB § 2]
The municipality of the Township of Berkeley is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas. The Township of Berkeley is also empowered to adopt and implement this section under provisions provided by the following legislative authorities of the State of New Jersey:
a.
Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq.
b.
Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq.
c.
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
d.
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
e.
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
§ 35-111.3 Definitions.
[Ord. No. 2012-27-OAB § 2]
Shall mean soils that contain geologic deposits of iron sulfide minerals (pyrite and marcasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.
Shall mean the Planning Board or Board of Adjustment or Construction Office with all of the powers delegated, assigned, or assumed by them according to statute or ordinance.
Shall mean a person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated Riparian Zone.
Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the anti-degradation policies set forth in those standards, for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
Shall mean those waters not designated as Outstanding Natural Resource waters or Category One waters in the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the anti-degradation policies set forth in those standards.
Shall have the meaning ascribed to this term by the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., and regulations promulgated there under published at N.J.A.C. 7:13 et seq., and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
Shall mean a surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
Shall mean any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys; that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
Shall mean a surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys.
Shall mean the land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any man-made lagoon or oceanfront barrier island, spit or peninsula. Riparian zones located within the Pinelands Management Area are subject to the jurisdiction of the Pinelands Commission and are exempt from the provisions of this section.
Shall mean a plan approved by the Engineer of the Township of Berkeley. The plan shall be prepared by a landscape architect, professional engineer or other qualified professional, and shall evaluate the effects of any proposed activity/uses on any riparian zone. The plan shall identify existing conditions, all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to any affected riparian zone.
Shall mean a 300-foot area provided on each side of a surface water body designated as a C1 water or tributary to a C1 water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Shall mean any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
Shall mean a species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
Shall mean a section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
Shall mean a section of water identified as trout production in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
§ 35-111.4 Establishment of Riparian Zones.
[Ord. No. 2012-27-OAB § 2]
a.
Riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
1.
The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed. This includes Special Water Resource Protection Areas or SWRPAs as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
2.
The riparian zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:
(a)
Any trout production water and all upstream waters (including tributaries);
(b)
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body;
(c)
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the surface water body; and
(d)
Any segment of a surface water body flowing through an area that contains acid producing soils.
3.
For all other surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.
b.
The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
1.
Along a linear fluvial or tidal water, such as a stream or swale, the riparian zone is measured landward of the feature's centerline;
2.
Along a non-linear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
3.
Along a non-linear tidal water, such as a bay or inlet, the riparian zone is measured landward of the mean high water line; and
4.
Along an amorphously-shaped feature such as a wetland complex, through which water flows but which lacks a definable channel, the riparian zone is measured landward of the feature's centerline. Where slopes (in excess of 15%) are located within the designated widths, the riparian zone shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.
For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the State's adopted floodway delineations, the riparian zone shall cover the entire floodway area, or the area described in Subsections 35-111.4a1 or 35-111.4a2 above, whichever area has the greatest extent. Requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site specific information is available. |
c.
A riparian zone is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the riparian zone differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:
d.
A map of the riparian zones of the entire municipality of Berkeley Township, including all land and water areas within its boundaries, which designates surface water bodies, is included as part of this section, and is appended at the end of this section. Maps of the municipality on which these designations have been overlain shall be on file and maintained by the offices of the Clerk of the Township of Berkeley. This map conforms to all applicable laws, rules and regulations applicable to the creation, modification and promulgation of zoning maps.
e.
It shall be the duty of the Engineer of the Township of Berkeley, every second year after the adoption of this Ordinance, to propose modifications to the map delineating riparian zones required by any naturally occurring or permitted change in the location of a defining feature of a surface water body occurring after the initial adoption of the riparian zone map, to record all modifications to the riparian zone map required by decisions or appeals under Subsection 35-111.11, and by changes made by the New Jersey Department of Environmental Protection in surface water classifications or floodway delineations.
f.
The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area on any plan submitted to the Township of Berkeley in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Municipal Engineer, Governing Body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.
g.
The Municipal Master Plan provides the legal basis for zoning and land use regulation at the local level. The technical foundation for local riparian zones in this municipality should be incorporated into the Master Plan. A technical report on the need for riparian zones in the Township of Berkeley may be adopted as part of the Master Plan, N.J.S.A. 40:55D-28b(11). The technical report should include the following information: a statement setting forth the rationale and need to protect riparian zones; and reference to the methods used to designate and delineate riparian zones.
h.
Exemptions. Instead of the riparian zone protection requirements above, the applicant must demonstrate compliance with one of the following:
1.
The proposed project or activity is not in the riparian zone established at Subsection 35-111.4a above, or is located in the Pinelands Management Area and under the jurisdiction of the Pinelands Commission;
2.
The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route. If the riparian zone is associated with Category One waters, the linear development must also meet the requirements for Special Water Resource Protection Areas under the Stormwater Management rules at N.J.A.C. 7:8-5.5(h);
3.
The proposed disturbance in a riparian zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;
4.
The proposed disturbance of a riparian zone is necessary to provide for public pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 1:1k, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E;
5.
The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or Federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.;
6.
The proposed disturbance is for redevelopment that does not exceed the limits of existing impervious surfaces;
7.
The proposed disturbance would prevent extraordinary hardship on the property owner peculiar to the property; or prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment; and/or
§ 35-111.5 Uses Permitted in Riparian Zones.
[Ord. No. 2012-27-OAB § 2]
a.
For riparian zones in Category One waters (C1 waters), permitted uses are governed by the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, unless otherwise exempt.
b.
Any other riparian zone area shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this section may be restored to a natural condition. There shall be no clearing or cutting of trees and brush, except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species. There shall be no altering of watercourses, dumping of trash, soil, dirt, fill, vegetative or other debris, regrading or construction. The following uses are permitted either by right or after review and approval by the municipality in riparian zones. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, except as specifically authorized in this section. The following uses shall be permitted within a riparian zone:
1.
Open space uses that are primarily passive in character shall be permitted by right to extend into a riparian zone, provided near stream vegetation is preserved. These uses do not require approval by the Zoning Enforcement Officer or compliance with an approved Riparian Zone Management Plan. Such uses include wildlife sanctuaries, nature preserves, forest preserves, fishing areas, game farms, fish hatcheries and fishing reserves, operated for the protection and propagation of wildlife, but excluding structures. Such uses also include passive recreation areas of public and private parklands, including unpaved hiking, bicycle and bridle trails, provided that said trail have been stabilized with pervious materials.
2.
Fences, for which a permit has been issued by the Construction Code Office, to the extent required by applicable law, rule or regulation.
3.
Crossings by farm vehicles and livestock, recreational trails, roads, railroads, stormwater lines, sanitary sewer lines, water lines and public utility transmission lines, provided that the land disturbance is the minimum required to accomplish the permitted use, subject to approval by the Zoning Enforcement Officer, provided that any applicable State permits are acquired, and provided that any disturbance is offset by buffer improvements in compliance with an approved Riparian Zone Management Plan and that the area of the crossing is stabilized against significant erosion due to its use as a crossing.
4.
Stream bank stabilization or riparian reforestation, which conform to the guidelines of an approved Riparian Zone Management Plan, or wetlands mitigation projects that have been approved by the New Jersey Department of Environmental Protection, subject to approval by the Zoning Enforcement Officer and subject to compliance with an approved Riparian Zone Management Plan.
§ 35-111.6 Performance Standards for Riparian Zones.
[Ord. No. 2012-27-OAB § 2]
a.
All encroachments proposed into riparian zones in C1 waters shall comply with the requirements of the Stormwater Management rule at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.
b.
For all other riparian zones, the following conditions shall apply:
1.
All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the riparian zone to accommodate primary structures, any normal accessory uses appurtenant thereto, as well as all planned lawn areas.
2.
Portions of lots within the riparian zone must be permanently restricted by deed or conservation easement held by the Township of Berkeley, its agent, or another public or private land conservation organization which has the ability to provide adequate protection to prevent adverse impacts within the riparian zone. A complete copy of the recorded conservation restriction that clearly identifies the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county must be submitted to the municipality. The applicant shall not commence with the project or activity prior to making this submittal and receiving actual approval of the plan modification and receipt of any applicable permits from the New Jersey Department of Environmental Protection. The recorded conservation restriction shall be in the form approved by the municipality and shall run with the land and be binding upon the property owner and the successors in interest in the property or in any part thereof. The conservation restriction may include language reserving the right to make de minimus changes to accommodate necessary regulatory approvals upon the written consent of the municipality, provided such changes are otherwise consistent with the purpose and intent of the conservation restriction. The recorded conservation restriction shall, at a minimum, include:
(a)
A written narrative of the authorized regulated activity, date of issuance, and date of expiration, and the conservation restriction that, in addition, includes all of the prohibitions set forth at N.J.S.A. 13:8B-2b(1) through (7);
(b)
Survey plans for the property as a whole and, where applicable, for any additional properties subject to the conservation restrictions. Such survey plans shall be submitted on the surveyor's letterhead, signed and sealed by the surveyor, and shall include metes and bounds descriptions of the property, the site, and the areas subject to the conservation restriction in New Jersey State Plane Coordinates, North American Datum 1983, and shall depict the boundaries of the site and all areas subject to the conservation restriction as marked with flags or stakes on site. All such survey plans shall be submitted on paper and in digital CAD or GIS file on a media and format defined by the municipality. The flags or stakes shall be numbered and identified on the survey plan; and
(c)
A copy or copies of deeds for the property as a whole that indicate the deed book and pages where it has been recorded in the office of the clerk of the applicable county or the registrar of deeds and mortgages of the applicable county.
3.
Any lands proposed for development which include all or a portion of a riparian zone shall as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the riparian zone which are not vegetated at the time of the application or which were disturbed by prior land uses, including for agricultural use. Said vegetation plan shall utilize native and noninvasive tree and plant species to the maximum extent practicable in accordance with an approved Riparian Zone Management Plan, described in Subsection 35-111.10.
4.
For building lots which exist as of the date of adoption of this section, but for which a building permit or a preliminary site plan approval has not been obtained or is no longer valid, the required minimum front, side, and rear setbacks may extend into the riparian zone, provided that a deed restriction and/or conservation easement is applied which prohibits clearing or construction in the riparian zone. (This section was adopted December 27, 2012.)
5.
All stormwater shall be discharged outside of but may flow through a riparian zone and shall comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. (see N.J.A.C. 2:90-1.3.)
6.
If stormwater discharged outside of and flowing through a riparian zone cannot comply with the Standard for Off-Site Stability cited in Subsection 35-111.6b5, then the proposed stabilization measures must meet the requirements of the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-10.2 et seq., and have an approved flood hazard area permit.
§ 35-111.7 Nonconforming Structures and Uses in Riparian Zones.
[Ord. No. 2012-27-OAB § 2]
Nonconforming structures and uses of land within the riparian zone are subject to the following requirements:
a.
Legally existing but nonconforming structures or uses may be continued.
b.
Any proposed enlargement or expansion of the building footprint within the riparian zone of a C1 water shall comply with the standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
c.
For all other riparian zones:
1.
Encroachment within the riparian zone shall only be allowed where previous development or disturbance has occurred and shall be in conformance with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
2.
Existing impervious cover shall not be increased within the riparian zone as a result of encroachments where previous development or disturbances have occurred.
3.
Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the riparian zone, as measured against the intent and purpose under Subsection 35-111.1 than the existing or former nonconforming use. This one-year time frame shall not apply to agricultural uses that are following prescribed Best Management Practices for crop rotation. However, resumption of agricultural uses must be strictly confined to the extent of disturbance existing at the time of adoption of this section.
§ 35-111.8 Uses Prohibited in Riparian Zones.
[Ord. No. 2012-27-OAB § 2]
a.
Any use within a riparian zone of a C1 water shall comply with the standards in the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
b.
For other riparian zones, any use or activity not specifically authorized in Subsections 35-111.5 or 35-111.7 shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
1.
Removal or clear-cutting of trees and other vegetation or soil disturbance such as grading, except for selective vegetation removal for the purpose of stream or riparian area stabilization or restoration projects that require vegetation removal or grading prior to implementation.
2.
Storage of any hazardous or noxious materials.
3.
Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Soil Conservation District.
5.
Motor or wheeled vehicle traffic in any area, except as permitted by this section.
6.
Parking lots.
7.
Any type of permanent structure, except structures needed for a use permitted by Subsection 35-111.5.
8.
New subsurface sewage disposal system areas. The expansion and replacement of existing subsurface sewage disposal system areas for existing uses is permitted.
9.
Residential grounds or lawns, except as otherwise permitted pursuant to this section.
§ 35-111.9 Activities Permitted in Riparian Zones in the Case of No Reasonable or Prudent Alternative or Extreme Hardship.
[Ord. No. 2012-27-OAB § 2]
a.
For riparian zones in C1 waters, requests for exemptions must be authorized by the New Jersey Department of Environmental Protection, as per the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13.
b.
For other riparian zones, hardship variances may be granted by the Zoning Board of Adjustment in cases of a preexisting lot (existing at the time of adoption of this section) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements, and provided the following demonstrations are made in either Subsections 1 or 2:
1.
An applicant shall be deemed to have established the existence of an extreme economic hardship, if the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed in accordance with provisions of this section and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property which:
(a)
Do not apply to or affect other property in the immediate vicinity;
(b)
Relate to or arise out of the characteristics of the subject property because of the particular physical surroundings, shape or topographical conditions of the property involved, rather than the personal situations of the applicant; and are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
(c)
The necessity of acquiring additional land to locate development outside the riparian zone shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available or could be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity.
2.
An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts that one of the following applies:
3.
A variance can only be granted if it is shown that the activity is in conformance with all applicable local, State, and Federal regulations, including but not limited to the Stormwater Management rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, and that the exception granted is the minimum relief necessary to relieve the hardship.
c.
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian zone area within or adjacent to the same site, and at least equivalent in size to the riparian zone reduction permitted, or, if not possible, rehabilitate or expand a riparian zone area at least equivalent in size within a nearby site and, if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris, in accordance with a Riparian Zone Management Plan, as described in Subsection 35-111.10 below.
§ 35-111.10 Riparian Zone Management Plan.
[Ord. No. 2012-27-OAB § 2]
a.
Within any riparian zone, no construction, development, use, activity, or encroachment shall be permitted unless the effects of such development are accompanied by preparation, approval, and implementation of a Riparian Zone Management Plan.
b.
The landowner, applicant, or developer shall submit to the Township Clerk, or its appointed representative, a Riparian Zone Management Plan prepared by an environmental professional, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the riparian zone. The Riparian Zone Management Plan shall identify the existing conditions including:
1.
Existing vegetation;
2.
Field delineated surface water bodies;
3.
Field delineated wetlands;
4.
The 100-year floodplain;
5.
Flood hazard areas, including floodway and flood fringe areas, as delineated by the New Jersey Department of Environmental Protection;
6.
Soil classifications as found on soil surveys;
7.
Existing subdrainage areas of site with HUC (Hydrologic Unit Code) 14 designations;
8.
Slopes in each subdrainage area segmented into sections of slopes less than 15%; above 15% but less than 20%; and steep slopes greater than 20%.
The proposed plan shall describe all proposed uses/activities, and fully evaluate the effects of all proposed uses/activities in a riparian zone, and all proposed management techniques, including proposed vegetation and any other measures necessary to offset disturbances to the riparian zone. A discussion of activities proposed as well as management techniques proposed to offset disturbances and/or enhance the site to improve the riparian zone's ability to function effectively as a riparian zone shall also be included with the Riparian Zone Management Plan submittal to the Township of Berkeley. |
c.
The Plan shall be reviewed and must be approved by the Engineer of the Township of Berkeley, in consultation with the Environmental Commission, as part of the subdivision and land development process.
d.
The Riparian Zone Management Plan must include management provisions in narrative and/or graphic form specifying:
1.
The manner in which the area within the riparian zone will be owned and by whom it will be managed and maintained.
2.
The conservation and/or land management techniques and practices that will be used to conserve and protect the riparian zone, as applicable.
3.
The professional and personnel resources that are expected to be necessary, in order to maintain and manage the riparian zone.
4.
A revegetation plan, if applicable, that includes: three layers of vegetation, including herbaceous plants that serve as ground cover, understory shrubs, and trees that when fully mature, will form an overhead canopy.
Vegetation selected must be native, noninvasive species, and consistent with the soil, slope and moisture conditions of the site. The revegetation plan shall be prepared by a qualified environmental professional, landscape architect, or professional engineer, and shall be subject to the approval of the Engineer of the Township of Berkeley, in consultation with the Environmental Commission. Dominant vegetation in the Riparian Zone Management Plan shall consist of plant species that are suited to the riparian zone environment. The Engineer of the Township of Berkeley may require species suitability to be verified by qualified experts from the Soil Conservation District, Natural Resources Conservation Service, New Jersey Department of Environmental Protection, US Fish and Wildlife Service and/or State or Federal forest agencies. |
e.
A Riparian Zone Management Plan is not required where the riparian zone is not being disturbed and conservation easements/deed restrictions are applied to ensure there will be no future clearing or disturbance of the riparian zone.
f.
Performance of the Riparian Zone Management Plan shall be guaranteed for two years by a surety, such as a bond, cash or letter of credit, which shall be provided to the Township prior to the Township of Berkeley issuing any permits or approving any uses relating to the applicable use or activity.
§ 35-111.11 Boundary Interpretation, Appeals Procedures, Inspections, Conflicts, Severability.
[Ord. No. 2012-27-OAB § 2]
a.
When a landowner or applicant disputes the boundaries of a riparian zone, or the defined bank-full flow or level, the landowner or applicant shall submit evidence to the Zoning Officer that describes the riparian zone, presents the landowner or applicant's proposed riparian zone delineation, and presents all justification for the proposed boundary change, including but not limited to, a verification issued under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-6, or an approval from the New Jersey Department of Environmental Protection to encroach within the Special Water Resource Protection Area (SWRPA) of a C1 water pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h)1ii.
b.
Within 45 days of a complete submission of Subsection a above, the Engineer of the Township of Berkeley, or appointed representative, shall evaluate all material submitted and shall make a written determination, a copy of which shall be submitted to the Zoning Officer and the landowner or applicant. Failure to act within the forty-five-day period shall not be interpreted to be an approval of the proposed boundary change.
c.
Any party aggrieved by any such determination or other decision or determination under Subsection b above may appeal to the Township Administrator under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
d.
Any party aggrieved by any determination or decision of the Township Administrator under this section may appeal to the Township Council of the Township of Berkeley. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
e.
Inspections.
1.
Lands within or adjacent to an identified riparian zone shall be inspected by the Township Engineer when:
2.
The riparian zone may also be inspected periodically by representatives from the Township of Berkeley if excessive or potentially problematic erosion is present, other problems are discovered, or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials or when the downstream surface waters are indicating reduction in quality.
f.
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.
g.
Severability.
1.
Interpretation: This section shall be so construed as not to conflict with any provision of New Jersey or Federal law.
2.
Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the section shall continue to be of full force and effect.
3.
The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
§ 35-111.12 Enforcement.
[Ord. No. 2012-27-OAB § 2]
A prompt investigation shall be made by the appropriate personnel of the Township of Berkeley, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of the Township of Berkeley, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any subsection of this section shall constitute a separate and distinct offense independent of the violation of any other subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
Actions taken in the event of noncompliance shall be governed by section 1-5 of the Code of the Township of Berkeley.
Riparian Zones (Subsection 35-111.4)  |
Riparian Zones (Subsection 35-111.4)  |