Township of Bernards, NJ
Somerset County

§ 21-16.1 Accessory Buildings.

[Ord. #585, § 504A; Ord. #641]
Accessory buildings shall be governed by the following:
a. 
The maximum height shall be 20 feet.
b. 
Accessory building(s) shall not be located in a front yard. In the E-1 Zone only, an accessory guardhouse or guardhouses may be located in a front yard, provided that the lot contains a minimum of 130 acres within the E-1 Zone, each guardhouse does not exceed a floor area of 700 square feet, each guardhouse is no closer than 400 feet to the North Maple Avenue right-of-way, each guardhouse is no closer than 200 feet to the Madisonville Road right-of-way, each guardhouse is no closer than 100 feet to any property line that does not coincide with a street right-of-way, each guardhouse is designed to be consistent with the architectural style and general appearance of the principal building, the number of guardhouses located in a front yard on the lot does not exceed one along North Maple Avenue and one along Madisonville Road, and each guardhouse otherwise complies with the requirements of this subsection.
[Ord. #1530, 3-12-2002, amended]
c. 
The minimum setback requirements set forth in Table 507 shall be observed.

§ 21-16.2 Fences and Walls.

[Ord. #585, § 504B; Ord. #1087]
a. 
Fences and walls may be in the front yard, provided that they shall not exceed four feet in height measured from the ground level and shall be constructed so that at least 50% thereof is open, unless such walls or fences are approved as part of a dwelling unit design located within the multifamily development area of a PRD application. In the E-1 Zone only, a fence located in a front yard may exceed four feet in height, provided that the lot (or contiguous lots under common ownership comprising the tract) contains a minimum of 130 acres within the E-1 Zone, the fence does not exceed eight feet in height, the fence is constructed for security purposes in conjunction with a guardhouse or guardhouses. the fence is no closer than 350 feet to the North Maple Avenue right-of-way, the fence is no closer than 200 feet to the Madisonville Road right-of-way, the fence is no closer than 10 feet to any property line that does not coincide with a street right-of-way, the fence is approved by the Board as part of a site plan application, and the fence otherwise complies with the requirements of this subsection. When seeking approval for such a fence, an applicant shall demonstrate to the Board that the fence shall have minimal visual impact on surrounding properties due to the use of unobtrusive fence materials, such as dark colored open mesh, and appropriate landscaping. In addition, a fence along North Maple Avenue shall be located as far from the street as reasonably possible and shall be screened by existing and/or proposed berms and landscaping.
[Ord. #1429, 5-29-2001, amended; Ord. #1530, 3-12-2002, amended]
b. 
Fences and walls located in any side or rear yard shall not exceed six feet in height measured from the ground level. In the E-1 Zone only, a fence located in a side or rear yard may exceed six feet in height, provided that the lot (or contiguous lots under common ownership comprising the tract) contains a minimum of 130 acres within the E-1 Zone, the fence does not exceed eight feet in height, the fence is constructed for security purposes in connection with a guard house or guard houses, the fence is no closer than 10 feet to any property line, the fence is approved by the Board as part of a site plan application, and the fence otherwise complies with the requirements of this subsection. When seeking approval for such a fence, an applicant shall demonstrate to the Board that the fence shall have minimal visual impact on surrounding properties due to the use of unobtrusive fence materials, such as dark colored open mesh, and appropriate landscaping.
[Ord. #1530, 3-12-2002, amended]
c. 
All fences or walls shall be symmetrical in appearance; shall have posts or columns separated by identical distances; shall consist of material conforming to a definite pattern or size; and shall be constructed so that a finished side faces outward away from the property on which it is constructed.
d. 
No fence or wall shall be constructed of any material harmful to humans or animals. Electrically charged fences are permitted to be constructed on private property as long as each of the following conditions are met:
1. 
All electrical equipment used in the fence shall carry the label of Underwriter's Laboratories or the Industrial Commission of Wisconsin.
2. 
The fence and all equipment and accessories for the fence shall be installed and operated according to the manufacturer's specifications and (to the extent applicable) according to the National Electrical Code and applicable state regulations.
3. 
The fence shall comply with all other requirements of Township ordinances governing fences, including construction permit requirements where applicable, provided that in the event of any conflict between this paragraph and any other ordinance the more stringent requirement shall apply.
e. 
No fence or wall shall be erected along a property line without a construction permit, and no portion of a fence or wall shall be located within six inches of any property line. In considering applications for the erection of a fence or wall, the Construction Code Enforcement Official may require a survey showing the proposed location of the fence or wall with respect to the existing property lines.
f. 
Notwithstanding the preceding provisions of this subsection, the following provisions shall be complied with:
1. 
Screening and buffering shall be as specified in Section 21-28.
2. 
Private swimming pools shall be fenced as specified in Subsection 21-18.3.
3. 
Any fence or wall situated within an officially designated fire district shall comply with the applicable codes and ordinances.
4. 
No fence or wall shall be located within a clear-sight triangle as provided in Subsections 21-21.4 and 21-37.1.
[Ord. #1429, 5-29-2001, amended]

§ 21-16.3 Retaining Walls.

[Ord. #585, § 504C; Ord. #641; Ord. #1103, § 20]
a. 
No retaining wall shall be constructed in excess of four feet in height unless designed and certified as properly constructed and structurally adequate by a New Jersey professional engineer. The material may be reinforced concrete or an equally effective material approved by the Township Engineer.
b. 
No retaining wall shall be of a height greater than eight feet. In areas where greater heights is required, it shall be accomplished by stepping the retaining walls horizontally one foot for every four feet of vertical height.

§ 21-16.4 Other Accessory Structures.

[Ord. #641]
Other accessory structures shall be governed by the requirements of Subsection 21-16.1 above, except see Subsection 21-9.5, Height Exceptions.