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

A.Permitted principal uses are permitted by right upon proper application to the Zoning Officer for a zoning permit provided that said use is a use in conformance with the requirements of this Ordinance in the zone district in which the lot is located and for uses so requiring, subject to Part 10 of this Ordinance

B.Accessory uses are permitted upon proper application to, and approval by, the Zoning Officer for a zoning permit The Zoning Officer shall rely on the following for determining the light of the applicant to establish the proposed accessory use.

1 The proposed accessory use shall be customarily associated with or provided with the permitted primary use on the lot

2 The extent, size and intensity of such proposed accessory use shall be in keeping with the scale. nature, and characteristics of the permitted primary use on the lot

3. Any proposed accessory use or structure which is contrary to the intent of the zone district in which the lot is located shall be prohibited

4 Accessory buildings or structures in front yard, exclusive of fences and walls and swimming pools associated with Hotel and/or Fitness Center uses in the OR-B Zone, shall be prohibited.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 8-07.

C. In the event of unlawful encroachment or reduction, a building or structure shall be deemed to be in violation of the provisions of this Ordinance.

A.Number of Buildings on Lot. Not more than one (1) principal building shall be erected on a lot used for residential purposes in the R-20, R-1 5, R-1 5A or R-10 Residential zones In the DD.HB-2, HB-3, DH-12, DH-18, DH-2, OR-A, AH-1, AH-2, AH-3, AH-4, AH-5. AH-6, and AH-7 zones more than one (1) principal building may be erected on the lot provided that all principal buildings satisfy the set back dimensions set forth in Section 6 1 1 B and further that the distances between buildings also satisfy the requirements of Section 6 1.1 B All principal buildings hereafter erected in the AH-1, AH-2, AH-3, AH-4, AH-5, AH-6 and AH-7 zones shall be for residential use In the OR and LI zones more than one (1) principal building may be erected oil a lot provided that all principal buildings oil the lot are so arranged that all requirements of this Ordinance would be met in the event of a subsequent subdivision of such lot

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

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

D.Building Height. No building or portion thereof shall exceed the height limitations listed in the Schedule of General Regulations (Section 6 1 1 B) except for those height extensions specifically permitted as conditional uses by this Ordinance and excluding head houses, elevator shafts, elevated tanks, chimneys, dish antennae and the like

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

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

G. Required Yard or Open Space. Except as specifically permitted in the DD, HB-2, HB-3, DH-12, DH-18, DH-24, AH-1, AH-3, AH-4, AH-5, AH-6, AH-7 and OR-A zones, no yard or other space provided about any buildings for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building. No yard or other open space on any lot shall be considered as providing a yard or open space for a building on any other lot.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 11-

2010.

H. Frontage on Corner Lots. In all zones except the Downtown Development, Downtown Housing, Attached Housing, and R-15A Zones, corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, and the minimum side yard requirements for one (1) yard in that zone must be maintained, and corner lots shall have at least twenty (20) percent more frontage and ten(10) percent more lot area than that required for interior lots. In the Attached Housing Zones the minimum front yard requirements shall not be increased beyond the requirements of Section 6 1 1 B of this Ordinance and shall be applied to that yard adjacent to the more major street or in the event of two (2) equivalent streets to the yard with the greater street frontage the second street frontage shall be considered a side yard there shall be no increased lot area requirement applied in the Attached Housing Zones or in the R-15A Zone In the R-15A Zone one frontage shall be a minimum of one hundred (100) feet and the two shall have a combined minimum of one hundred eighty (180) feet

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

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

K. Mount Laurel Developer's Agreements To the extent that any provisions of the Municipal Land Use Procedures Ordinance or any other municipal ordinance or regulation of the Township conflicts with any provision of any Developer's Agreement entered into by the Township respecting development adopted by reference and incorporated into the terms of the Order Of Compliance in the matter entitled Deland and Scarpa Township of Berkeley Heights the provisions of said Developer's Agreement shall control as if fully set forth at length herein

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

All lots where fill material is deposited shall have clean fill and/or top soil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No re-grading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on-site or on adjacent properties, or which will violate the provision of the Soil Erosion and Sedimentation Control Act, or the Soil Removal Ordinance of Berkeley Heights Grading shall be limited to areas on an approved site plan or subdivision Any top soil disturbed during approved excavation and grading operations shall be re-distributed throughout the site

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

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

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

A.Side Yards. The exterior of the walls, appurtenances and structures of swimming and wading pools shall be not less than twelve (12) feet from either side lot line

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

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

D.Height. No swimming pool, wading pool or appurtenances thereto, nor ally structures used in conjunction with the pool, including, but not limited to, decks, walkways or platforms, shall exceed four (4) feet in height above the existing glade at the pool site

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

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

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

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

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 8-07.

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

J. Permits

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

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 8-07.

a Plan of pool construction including all appurtenances and structures.

b. Dimensions of the pool including all appurtenances and structures.

c Capacity of pool in gallons when full.

d Distance from side yards and rear lot lilies,

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

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

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

All decks permitted pursuant to this Section may have a minimum real yard setback less than that specified in the Schedule of General Regulations, Article 6 1 1 for Principal Buildings, provided, however, that such decks (or the portion thereof not complying with the set back for principal buildings) shall not exceed three hundred (300) square feet in area in the R-10 zone or exceed four hundred (400) square feet in area in the R-15, R-15A, and R-20 zones Decks in the AH Zones shall not exceed four hundred (400) square feet in area, Area limitations shall not apply to decks (or the portions thereof) complying with the setback requirements for principal structures

Decks permitted by this Section shall conform to all side yard setback lilies and shall be required to have a minimum twenty-five (25) foot rear setback in the R-1 0 zone and a minimum thirty (30) foot rear yard set back in the R-15,R-15A, and R-20 zones. Decks in the AH zones shall have a minimum setback of twenty-five (25) feet from all property lines.

Platforms may be permanent or temporary and may be provided with an open or enclosed railing as may be necessary for the safety of the occupants, such railing not to exceed four (4) feet in height from the floor of the deck or platform The floor of any platform or deck (or portion thereof) which does not comply with the rear yard set back requirements of the Schedule of General Regulations, Article 6 1.1 for Principal Buildings shall not exceed four (4) feet above the ground level at any point beyond such rear yard setback line The floor of any deck or platform which complies with the setback requirements for principal building may be higher than four (4) feet but shall not be higher than the floor level of the uppermost level of the dwelling used for living purposes

There shall be no storage permitted under any deck and no hot tubs, jacuzzis or the like shall be permitted on any exterior deck

A.All Airport hazard areas delineated under the "Air Safety and Hazardous Zoning Act of 1983" C 260, P.L 1983 (c 6.1-80 et seq ) shall be administered under standards promulgated by the Commissioner of Transportation.

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

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

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

A. PURPOSE

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

B. APPLICABILITY

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

C. REQUIREMENTS

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

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

D. SITE PLAN REQUIREMENTS

For all earth moving activities an slopes of 15% or greater, the Applicant shall submit a site plan prepared by a Professional Engineer which includes at a minimum the following:

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

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

3. Existing natural and topographic features

4. Location of all proposed and existing buildings and streets.

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

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

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

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

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

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

11. Grading plan for the construction site and all access routes.

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

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

E. PERFORMANCE STANDARDS

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

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

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

F. GRADING STANDARDS

1. Excavations and tills.

a. Cut and fills shall not endanger adjoining property.

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

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

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

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

f. Fills shall riot encroach on natural watercourses or constructed channels.

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

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

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

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

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

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

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

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

2. Drainage

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

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

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

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

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

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

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

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

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

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

3. Retaining walls.

a. Retaining walls shall not endanger adjoining properties.

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

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

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

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

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

4. Protection of trees.

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

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

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

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

G. EXEMPTIONS

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

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

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

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

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

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

**Webmasters Note: The previous subsection, G.5, has been added as per Ordinance No. 6-07.

All Ordinances of the Township of Berkeley Heights that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such consistency.

**Webmasters Note: The previous Section has been added as per Ordinance No. 9-06.