Bernardsville City Zoning Code
§ LD-12-9.3
Required Conditions.
[Ord. No. 581 § 12-9.3; Ord. No. 93-970 § 5; Ord. No. 97-1094 § 5; Ord. No. 2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]
The following requirements must be complied with in the R-4 District.
a.
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.
b.
Front Yard. There shall be a front yard of not less than 40 feet, except that where the existing buildings on the same side of the street and within 300 feet from each side line, exclusive of streets or private roads, form an irregular setback line, new buildings may conform to the average of such irregular setback lines, provided that no new building may project closer than 30 feet to the street or road property line nor need setback more than 40 feet from the property line. A less than required setback line for an existing principal building may be extended laterally along the line, provided that the front yard toward the street property line is not further encroached upon and that the side line requirements are observed.
c.
Side Yards. There shall be two side yards, and no side yard shall be less than 10 feet. These requirements shall apply for a new building and for an alteration to an existing building. Additions to dwellings with insufficient side yard setbacks, existing on April 21, 1997, shall be permitted if the dwelling is set back at least eight feet from the side property line and if the addition is no closer to the side property line than the existing structure.
d.
Rear Yard. There shall be a rear yard of at least 40 feet. This requirement shall apply for a new building and for an alteration to an existing building.
e.
Access Corridor. No lot shall have a street frontage of less than 50 feet. The width of any corridor providing access to a street shall be at least 50 feet at all points.
f.
Driveway Position. No portion of any driveway hereafter constructed shall be within eight feet of a lot line of an adjacent property.
g.
Minimum Lot Area. The minimum lot area is 11,250 square feet.
h.
Lot Shape. It must be possible to fit a circle with a diameter of 75 feet completely within the lot.
i.
Building Envelope. The building envelope shall exclude areas located within flood plains, wetlands and wetland buffers, except as may be approved by the New Jersey Department of Environmental Protection (NJDEP) and no floodplain nor wetlands nor wetland buffers shall be disturbed without the appropriate permits having been issued by the NJDEP.
j.
Surface Disturbance. Disturbance of land containing slopes over 15% shall be limited as per the following table, based on ten-foot contour intervals, as shown on a grading plan. The ten-foot contour intervals utilized to establish these categories should be those which result in the greatest slope, rather than simply using those contours which are multiples of 10.
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of: | ||
|---|---|---|
Slope Category | Percent of Category | Square Feet |
15 - 24.99% | 20% | 1,000 |
25 - 29.99% | None | 500 |
30% or greater | None | 250 |
1.
Exemptions. The following are exempt from the above slope disturbance limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning septic systems and alterations to septic systems (including the relocation of the field and/or tank and/or other related facilities), on lots which are not subject to a lot development plan for other reasons (such as new buildings, additions, or other significant land disturbance), and which are not for the purpose of expanding in order to accommodate additional bedrooms, subject to the following conditions, to the satisfaction of the Health Department:
(1)
Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and
(2)
The slope area to be disturbed is the minimum amount possible to complete the alteration; and
(3)
The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and
(4)
The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.
(5)
The design engineer shall submit photos prior to disturbance and after completion, along with a certification that the limits of disturbance and grading were completed in accordance with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:
(1)
The trench into which the utility line is placed shall be no wider than necessary to comply with the United States Occupational Safety and Health Administration safety standards for excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2)
Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and
(3)
The activities shall not cause any change in preconstruction elevation of the steep slope area; and
(4)
Backfill the uppermost six inches of any excavation with the original topsoil material; and
(5)
The disturbed area shall be replanted with indigenous plants;
(6)
The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.
k.
Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 1,000 square feet.
l.
Additional Requirements. For additional requirements relating to floor area, impervious coverage and front setback modification, see Subsection 12-23.19.