"AN ORDINANCE OF THE TOWNSHIP OF BERKELEY HEIGHTS, COUNTY OF UNION, STATE OF NEW JERSEY, AMENDING, REVISING AND SUPPLEMENTING THE ZONING ORDINANCES TO ADOPT THE OFFICIAL DESIGN STANDARDS CHECKLIST FOR LAND USE APPLICATIONS BEFORE THE TOWNSHIP PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT"

BE IT ORDAINED by the Township Council of the Township of Berkeley Heights, County of Union, State of New Jersey, as follows:

Section 1. A Check List for Design Standards is hereby adopted for all land use applications filed with the Township Planning Board or Zoning Board of Adjustment to read as follows:

TOWNSHIP OF BERKELEY HEIGHTS, NEW JERSEY

PLANNING BOARD / ZONING BOARD OF ADJUSTMENT

CHECK LIST - DESIGN STANDARDS

Applicant's Name and Address __________________________________________

___________________________________________________________________

Phone: ( ) ________________________ Fax: ( ) ____________________________

Project: __________________________ Location: __________________________

Date Received: ____________________ Engineer: __________________________

The Standards and Guidelines set forth in Part 19 - Design Standards shall apply to all districts throughout Berkeley Heights except that they shall not apply to those AH and OR-A Zone Districts in which the development is conducted in substantial conformity with any conceptual site plan and elevations specifically referenced in the applicable

Developer's Agreement for such zone or which received preliminary site plan approval from the Planning Board or Board of Adjustment prior to January 1, 1994 (Section 19.4.1). However, the standards and guidelines set forth specifically for the Downtown (Article 19.5) shall override the general standards and guidelines, for applications within the Downtown, namely to the DD, HB-2, HB-3, DH-12, DH-18 and DH-24 Districts.

The Applicant's Engineer / Architect shall complete each item on the Check List as follows: ( ) Yes, ( ) No, or (N/A) Not Applicable

CHECK LIST TOWNSHIP DESIGN STANDARDS

Section 2. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.

Section 3. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Township of Berkeley Heights, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Revised General Ordinances of the Township of Berkeley Heights are hereby ratified and confirmed, except where inconsistent with the terms hereof.

Section 4. This ordinance shall take effect immediately upon adoption and publication in accordance with the laws of the State of New Jersey.