Agricultural uses, including customary farm occupations, or lands which qualify as farms, as defined herein, shall be permitted in any zone, subject to the following conditions:
A. 
Buildings may be utilized for horticulture, nurseries, greenhouses and for the growing, raising, harvesting and sale of agricultural crops, provided that no building shall be nearer than 100 feet to any lot line, except residential buildings, which may be located in conformity with the standards for residences within those districts in which they are located.
B. 
Livestock, poultry, fowl or other animals maintained on the premises for commercial purposes shall be permitted according to approved farm practices.
[Amended 9-19-1985 by Ord. No. 85-27]
C. 
The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:
[Amended 9-19-1985 by Ord. No. 85-27]
(1) 
The sale of such products is within the confines of the property and at least 50% of the products are grown on an active New Jersey farm or are in season in New Jersey.
(2) 
The place of sale or storage of such products, whether of a permanent or temporary nature, shall not be closer than 50 feet to any side lot line.
(3) 
The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factor as specified in Article XLII herein.
(4) 
The sale of any such products shall also require a suitable amount of off-street parking and loading space as required in the Site Plan Ordinance.[1]
[1]
Editor's Note: See Part 8, Site Plan Review.
A. 
In zones where permitted, no building or unenclosed recreational facility shall be located within 95 feet of any property line or closer than permitted for principal structures in the zone where located, whichever is greater.
B. 
In zones where permitted, there may be included retail sales for members and their guests only.
C. 
Unenclosed recreational facilities shall be effectively screened from adjoining residential uses.
D. 
No public-address system shall be permitted except where such system will not be audible at any property line.
E. 
Other factors, such as lighting, drainage, parking, surfacing and signs, shall be subject to site plan review under the Site Plan Ordinance.[1]
[1]
Editor's Note: See Part 8, Site Plan Review.
F. 
Outdoor recreation facilities shall include golf courses, ice-skating rinks, swimming pools, tennis courts and other similar facilities.
[Added 11-18-1991 by Ord. No. 91-33]
A. 
Registration of location. No person shall install or maintain any newsrack which is located in any public right-of-way without registering the following information with the Township Clerk:
(1) 
The location of each newsrack to be installed or maintained in the Township by the applicant.
(2) 
The name, address and telephone number of the applicant.
(3) 
The Township Clerk shall refer the information collected to the Planning Board, which shall either approve or deny such request. The Board shall be guided by the standards and criteria set forth in Subsections B and C below.
(4) 
No fee is required as part of this registration process.
B. 
Standards. All newsracks which are located within any public right-of-way shall comply with the following standards:
(1) 
No newsrack shall exceed four feet in height, 30 inches in width or two feet in depth.
(2) 
Newsracks shall only be placed near a curb or adjacent to the wall of a building. No newsrack shall be placed or maintained on the sidewalk or roadway.
(3) 
No newsrack shall be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack or to any permanently fixed object. Newsracks may not be chained, but may otherwise be attached to one another; however, no more than four newsracks may be joined together in this manner.
(4) 
Notwithstanding the provisions of Subsection B(2), no newsrack shall be placed, installed, used or maintained:
(a) 
Within five feet of any marked or unmarked crosswalk.
(b) 
Within 15 feet of any fire hydrant, fire call box, police call box or other emergency facility.
(c) 
Within 10 feet of any driveway.
(d) 
At any location whereby the clear space for the passageway of pedestrians is reduced to less than six feet.
(e) 
Within 200 feet of any other newsrack containing the same publication.
(f) 
Within any sight triangle easement or required sight distance.
(5) 
No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper or news periodical sold within.
(6) 
Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.
(7) 
No more than eight newsracks shall be located on any public right-of-way within the same block of the same street. As used herein "block" shall mean one side of a street between two consecutive intersecting streets.
C. 
Applicability. The provisions of this section shall apply to all newsracks, whether installed and maintained prior to or after the effective date of any of the provisions herein. Those newsracks installed prior to the effective date of any provision enacted hereunder shall be brought into compliance with said provisions within 30 days of the effective date. Any newsrack not brought into compliance within the aforementioned time period shall be deemed to be in violation of this section.
D. 
Priority. In determining which newsrack(s) shall be permitted to remain, the Planning Board shall be guided solely by the following criteria:
(1) 
First priority shall be given to daily publications, published five or more days per week.
(2) 
Second priority shall be given to publications published two to four days per week.
(3) 
Third priority shall be given to publications published one day per week.
E. 
Newsrack violations. Whenever the owner of a newsrack placed in the Township of Bridgewater is in violation of the chapter or of any section thereof, that person or entity, if convicted of such an offense, should be punished by a fine not to exceed $500.
[Added 5-16-2011 by Ord. No. 11-09]
A. 
Definitions.
ACCESSORY USE, WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies which is designed to generate only the amount of energy that is consumed by uses on the lot whereon said facility is located. This provision shall not be interpreted to prohibit the sale of excess power that may be generated from time to time from a facility designed to meet only the energy needs of the uses on the lot.
BIOMASS ENERGY FACILITY
All equipment and technology needed to convert a nonhazardous solid or liquid waste stream to a potentially usable form of energy. This may include, but is not limited to steam, methane, natural gas, or other forms of energy.
BOARD
The Township of Bridgewater Planning Board and/or Zoning Board of Adjustment or other municipal authority having jurisdiction.
DCA
The New Jersey Department of Community Affairs which, by extension, shall include the individual divisions and/or offices within the DCA.
GEOTHERMAL ENERGY FACILITY
All equipment and technology which produces electric energy solely by the use of the natural heat from the subsurface of the earth as a primary energy source.
INDUSTRIAL ZONES
Identified below are zoned and intended as suitable for use for industrial purposes. These zones are:
(1) 
M-1 Limited Manufacturing Zone.
(2) 
M-1A Manufacturing Zone.
(3) 
M-1B Limited Manufacturing Zone (small lot).
(4) 
M-2 General Manufacturing Zone.
(5) 
M-3 Quarry Zone.
METEOROLOGICAL TOWER OR MET TOWER
A structure designed to support the gathering of wind energy resource data, and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
OWNER
The individual, entity and/or property owner that intends to own and operate the solar energy systems in accordance with this section. Should the property owner be different from the owner or entity who intends to own and operate the solar energy systems, the property owner shall provide written consent and provide same at the time of the application for approval.
PRINCIPAL USE
Wind, solar or photovoltaic energy facility or structure; shall mean a facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies which is designed to generate more energy than that which is consumed by uses on the lot whereon said facility is located.
RENEWABLE ENERGY FACILITY
All equipment needed to convert solar, wind or geothermal energy into usable electrical energy, heat water, or produce hot air or similar function through the use of solar panels, wind turbines, and photovoltaic or geothermal technologies. This includes all equipment, including cabinets, inverters, batteries, and similar equipment. For the purpose of this section, a renewable energy facility does not include biomass facilities.
ROTOR DIAMETER
The cross-sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
SOLAR ENERGY FACILITY
All equipment and technology needed to convert solar rays into a usable form of energy, hot water, or produce hot air and similar functions through the use of solar panels.
SOLAR PANELS
A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.
TOTAL HEIGHT FOR SOLAR ENERGY FACILITY
In relation to a solar energy facility, the vertical distance from the ground to the maximum height of the support apparatus and all associated equipment of the solar energy facility at its highest point.
TOTAL HEIGHT FOR WIND ENERGY FACILITY
In relation to a wind energy facility, the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
TOWER
A monopole, freestanding, or guyed structure that supports a wind generator.
WIND ENERGY FACILITY
A wind generator, turbine and all associated equipment and technology, including any base, blade, foundation, nacelle, rotor, tower, transformer, vane, inverter, batteries or other component necessary to fully utilize the wind generator to create energy.
WIND GENERATOR OR WIND TURBINE
Equipment that converts energy from the wind into electricity. This term includes the rotor, blades and associated mechanical and electrical conversion components necessary to generate, store and/or transfer energy.
B. 
Renewable energy facilities (REF): permitted and prohibited uses in zoning districts.
(1) 
Roof-mounted solar and photovoltaic facilities are hereby designated as an accessory use and are permitted, subject to the requirements of this chapter, in all zones on principal buildings, on detached residential garages, and on accessory buildings located on preserved farmland property as authorized pursuant to § 126-335B(7).
[Amended 3-5-2012 by Ord. No. 12-03; 3-18-2019 by Ord. No. 19-08]
(2) 
Subject to the singular exception of renewable energy facilities placed on accessory buildings located on preserved farmland property as articulated in § 126-335B(7) below, geothermal facilities, as an accessory use only, are permitted in all zones when wholly provided within a principal structure. Board review is not required if the geothermal facility is located within a principal structure.
[Amended 3-5-2012 by Ord. No. 12-03]
(3) 
Subject to the singular exception of renewable energy facilities placed on accessory buildings located on preserved farmland property as articulated in § 126-335B(7) below, ground-mounted solar and photovoltaic facilities are not permitted in any residential zones and all nonresidential zoning districts, except for specific industrial zoning districts as delineated below.
[Amended 3-5-2012 by Ord. No. 12-03]
(4) 
Site plan required. Roof-mounted solar energy facilities in compliance with Subsection C (Solar energy facilities), whether in residential or nonresidential zones, shall not require a site plan approval from the Board; however, all ground-mounted solar energy facilities shall require site plan approval from the Board. All wind energy facilities shall require site plan approval from the Board.
(5) 
All renewable energy facilities require approval from the Zoning Officer and construction office prior to receiving a building permit. Applications for an energy facility shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer or construction office does not believe the provisions of this section will be satisfied, an applicant may request a variance.
(6) 
All applicants for renewable energy facilities requiring Board review shall submit a decommissioning plan.
(7) 
Pursuant to and in accordance with N.J.S.A. 4:1C- 32.4, a person who owns preserved farmland (as defined in that statute) may construct, install and operate biomass, solar or wind energy generation facilities, structures and equipment on the farm, whether on the preserved portion of the farm or on any portion excluded from preservation, for the purpose of generating power or heat and may make improvements to any agricultural, horticultural, residential or other building or structure on the land for that purpose, provided that such facilities, structures and equipment comply with the provisions of sections a through i of N.J.S.A. 4:1C-32.4, including the obtainment of the approval of the State Agriculture Development Committee (SADC), as articulated in section c of that statute.
[Added 3-5-2012 by Ord. No. 12-03]
C. 
Solar energy facilities.
(1) 
Roof-mounted solar and photovoltaic facilities: accessory use; permitted in all zones.
(a) 
Roof-mounted facilities shall not be permitted to have the support structure at a height greater than 12 inches above the roof unless the structure has a parapet which will screen the support structure, and subject to Subsection C(1)(e) below.
(b) 
Panels installed in a rooftop configuration shall be installed for fire safety with setbacks as delineated in the Uniform Construction Code (UCC).
[Amended 3-5-2012 by Ord. No. 12-03]
(c) 
Rooftop installations must not interfere with any operation of plumbing fixtures protruding from the rooftop level as required by the New Jersey Plumbing Code.
(d) 
The finished height of the roof-mounted array may not exceed the maximum principal or accessory building height as applicable for the zone.
(e) 
All roof-mounted solar facilities shall have posted an approved sign to be posted in accordance with UCC requirements as to size, location and content, which notifies fire and emergency services of the existence of solar panels on the building.
[Amended 3-5-2012 by Ord. No. 12-03]
(2) 
Ground-mounted solar energy facilities in residential zones. Ground-mounted solar energy facilities are not permitted in residential zones. If an application is submitted to the Zoning Board of Adjustment for relief from this section, the Zoning Board of Adjustment must take note that the residential ground-mount facility is specifically prohibited. In addition to satisfying the requirements of the Municipal Land Use Law, the Board shall review the following guiding information:
(a) 
The setback of the proposed solar energy facility shall be at least two times the minimum yard setback requirements for principal structures in the zone, but not less than 100 feet.
(b) 
Within the one-hundred-foot setback, a minimum landscape buffer area of 75 feet shall be provided.
(c) 
The ground-mounted solar energy facility shall not be placed in any front yard area or in any minimum front yard area.
(d) 
Landscaping of the buffer area shall be sufficient to achieve a visual screen of the array, and shall not significantly impact the visual appearance as viewed from neighboring properties or across the street.
(e) 
At the discretion of the Board, the review of a ground-mounted solar energy facility application in a residential zone may include a real estate appraisal to demonstrate that the ground-mounted facility will not affect the marketability of neighboring properties.
(3) 
Ground-mounted solar and photovoltaic energy facilities in industrial zones: accessory use.
(a) 
Ground-mounted accessory use solar energy facilities may be installed on lots in the industrial zones as specified below and containing a minimum area of at least five acres. These industrial zones are:
[1] 
M-1 Limited Manufacturing Zone.
[2] 
M-1A Manufacturing Zone.
[3] 
M-1B Limited Manufacturing Zone (small lot).
[4] 
M-2 General Manufacturing Zone.
[5] 
M-3 Quarry Zone.
(b) 
Ground facilities which cover 6% or less of the lot area shall provide two times the minimum yard setback requirements for accessory uses. However, in no case shall the setback be less than 100 feet. Within the required setback, the minimum planted buffer width shall be 75 feet; where abutting a residential zone, the minimum planted buffer is 100 feet. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(c) 
Ground-mounted facilities which exceed 6% of the lot area shall provide two times the minimum yard setback requirements for principal structures. However, in no case shall the setback be less than 150 feet. Within the required setback, the minimum planted buffer width shall be 100 feet. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(d) 
No ground-mounted facility shall be placed in any front yard area or in any minimum front yard area.
(e) 
Security. All inverters, transformers and such other facility components that are designed to convert or modify electric current, or transmit electric flow to the transmission or distribution facility, shall be secured in accordance with the requirements of the UCC.
[Amended 3-5-2012 by Ord. No. 12-03]
(f) 
Landscaping of the buffer area shall be sufficient to achieve a visual screen of the array. See Landscaping in Buffer Areas as delineated hereinbelow.
(4) 
Ground-mounted solar and photovoltaic energy facilities in industrial zones: principal use.
(a) 
Ground-mounted principal use solar energy facilities may be installed on lots in industrial zones as specified below and containing a minimum area of at least 20 acres. Industrial zones are as follows:
[1] 
M-1 Limited Manufacturing Zone.
[2] 
M-1A Manufacturing Zone.
[3] 
M-1B Limited Manufacturing Zone (small lot).
[4] 
M-2 General Manufacturing Zone.
[5] 
M-3 Quarry Zone.
(b) 
Security. All inverters, transformers and such other facility components that are designed to convert or modify electric current, or transmit electric flow to the transmission or distribution facility, shall be secured in accordance with the requirements of the UCC.
[Amended 3-5-2012 by Ord. No. 12-03]
(c) 
Required setbacks of the generation facility.
[1] 
Where such generation facility array occupies a surface area of two acres or less:
[a] 
Three-hundred-foot setback from an existing residence not on the property; and
[b] 
Two hundred feet from all property lines and rights-of-way.
[c] 
Within the required setback, the minimum planted buffer width required is 100 feet. See Subsection E regarding landscaping in buffer areas in this section.
[2] 
Where such generation facility occupies a surface area of more than two acres:
[a] 
Three-hundred-foot setback from an existing residence not on the property; and
[b] 
Two hundred fifty feet from all property lines and rights-of-way.
[c] 
Within the required setback, the minimum planted buffer width required is 150 feet. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(5) 
Additional requirements for all ground-mounted solar energy facilities.
(a) 
Other than footings, which may be computed as impervious cover, facilities shall not be counted in the calculation of maximum impervious cover, unless the area under the equipment consists of an impervious material layer, such as pavement or stone.
(b) 
The design of the ground-mounted facility shall comply with all Township stormwater, grading, and soil disturbance regulations and the applicant shall take appropriate measures to prevent a concentrated flow of runoff.
(c) 
Ground-mounted facilities shall provide one or more of the following beneath the structures: mulch, shade-tolerant grasses or agricultural area for crops.
(d) 
The height of the ground-mounted solar or photovoltaic panels shall not exceed 20 feet.
(e) 
Ground-mounted solar energy facilities and substations as well as signage related thereto, shall be screened in accordance with the requirements of the UCC. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
[Amended 3-5-2012 by Ord. No. 12-03]
(f) 
Site plan approval is required for all ground-mount facilities, which shall depict the following:
[1] 
Written description of the facility, describing the facility's provisions, connections, design information, transformer location and calculated decibel level at the property lines.
[2] 
Property lines and physical dimensions of the property by a licensed land surveyor.
[3] 
Locations, dimensions and use of all existing structures on the property.
[4] 
Location of the solar or photovoltaic facility and dimensions to all property lines.
[5] 
Location of proposed and existing overhead utility lines.
[6] 
Location of any proposed or existing substation, inverter or transformer.
[7] 
Description and design of how the energy generated by the facility will be transmitted to the larger electrical distribution facility.
[8] 
The location and elevations and design details of all transmission lines, support structures and attachments to substation(s).
[9] 
Decommissioning plan,
[10] 
Landscaping plan.
(6) 
Requirements for all renewable solar energy facilities (roof and ground).
(a) 
Solar energy facility construction shall be in accordance with the appropriate sections of the Basic Building Code, as adopted and as currently amended by the State of New Jersey, and any future amendments and/or revisions to same.
(b) 
The property owner and/or installer of the solar panel installation shall receive approvals from any outside agencies having jurisdiction over the project prior to the installation.
(c) 
All electric lines/utility wires shall be buried underground, as applicable and by applicable regulation and/or code. All electric lines/utility wires leading down the side of the structure from rooftop installations shall be placed and tacked as aesthetically as possible.
(d) 
Any approval of a solar energy facility does not create any actual or inferred solar energy facility easements against adjacent properties and/or structures. The occupant and/or property owner of a solar energy facility shall not have any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar energy facility. The approval of any solar energy facility granted by the Township of Bridgewater under this section shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar energy facility against the Township of Bridgewater or by any other officer or employee thereof for any future claims against said issuance of approval of the solar energy facility that results from reliance on this section or any administrative decision lawfully made thereunder.
(e) 
Unless otherwise provided in this section, there shall be no signs posted on any renewable energy facility or any associated building or structure, except for the manufacturer's or installer's identification, appropriate warning signs located at the authorized FDC hookup, or owner identification. No such signs shall be of a size which is able to be read from a public road or abutting property.
(f) 
Wind energy facilities and ground-mounted solar energy facilities shall have the electrical and control equipment labeled and secured to prevent unauthorized access.
(g) 
Noise from all Renewable Energy Facilities shall comply with the following:
[1] 
Sound levels from the facility in or abutting a residential zone shall be in compliance with the maximum permissible A-weighted sound levels and the maximum permissible octave band sound pressure levels in decibels as defined in Chapter 142, entitled Noise.
[2] 
Sound levels from the facility in or abutting a nonresidential or commercial zone or use shall be in compliance with the maximum permissible A-weighted sound levels and the maximum permissible octave band sound pressure levels in decibels as defined in Chapter 142, entitled Noise.
(h) 
All applications for a solar energy facility or a wind energy facility shall conform to the provisions of Article XXXVIA of Chapter 126 (Land Use) of the Municipal Code of the Township of Bridgewater with respect to tree removal. Any trees to be removed, in excess of that permitted under the exemptions of the tree removal and protection section of Article XXXVIA, shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of Article XXXVIA. An applicant shall locate a solar energy or small wind energy system so that tree removal is not required, to the extent practical.
[Amended 3-5-2012 by Ord. No. 12-03]
(i) 
The installation of a solar energy facility or a wind energy facility shall conform to the National Electric Code, as adopted by the New Jersey Department of Community Affairs.
(j) 
Solar energy facility and all associated equipment shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless a different color or finish is approved by the Township Planner. It is recommended that colors and finish match the surroundings of the installation, to the extent reasonably possible.
(7) 
Design standards.
(a) 
The design of solar energy facility, including rooftop installations, shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(8) 
Notice and labeling.
[Amended 3-5-2012 by Ord. No. 12-03]
(a) 
A sign or signs shall be posted with respect to the interconnection cabinet, warning of high-voltage. The size and location of such sign(s) shall be in accordance with the requirements of the UCC. In addition, the information to be posted on the label or labels on the interconnection cabinet of the solar energy system shall be in accordance with the requirements of the UCC.
(b) 
Should the solar energy facility interconnection cabinet be located on the inside of the structure, a sign that one will find the existence of a solar energy system shall be located on the outside of the building, in accordance with the requirements of the UCC, in order to notify emergency personnel of the solar energy system.
D. 
Wind energy facilities.
(1) 
General.
(a) 
"Facility height" shall be defined as the height above grade of the tower plus the wind generator, including rotor diameter at its highest point.
(b) 
"Tower height" shall be defined as the height above grade of the fixed portion of the tower, excluding the wind generator and rotor diameter.
(c) 
All moving parts of the wind energy facility shall be sufficiently raised above the ground to afford adequate safety. The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(d) 
The site plan application shall be accompanied by a plot plan which includes the information required for site plan submission as well as the following:
[1] 
Written description of the facility, describing the facility's provisions, connections, design information, transformer location and calculated decibel level at the property lines.
[2] 
Property lines and physical dimensions of the property.
[3] 
Location, dimensions, and types of existing structures on the property.
[4] 
Identification of whether lighting will be required by the Federal Aviation Administration (FAA).
[5] 
Location of the proposed wind energy facility tower.
[6] 
The right-of-way of any public road that is contiguous with the property.
[7] 
Location of existing and proposed overhead utility lines.
[8] 
Facility specifications, including manufacturer and model, rotor diameter, facility height, tower type (freestanding or guyed).
[9] 
Location of any proposed substation or transformer.
[10] 
Description of how the energy generated by the facility will be transmitted to the larger electrical distribution facility.
[11] 
The location and elevations of all transmission lines, support structures and attachments to a substation(s).
(e) 
No portion of the wind generator shall extend beyond the setback line, nor be able to fall into or unto the following:
[1] 
Any public road right-of-way, unless written permission is granted by the government entity with jurisdiction over the road right-of-way.
[2] 
Any overhead utility lines, unless written permission is granted by the utility that owns and/or controls the lines.
(f) 
Access.
[1] 
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
[2] 
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(g) 
Maintenance.
[1] 
All components of the system shall be maintained in accordance with the most current requirements contained within the Property Maintenance Code and the Uniform Construction Code adopted by the Township.
(2) 
Requirements.
(a) 
Wind renewable energy facilities shall be permitted as a principal or accessory use on industrially zoned lots containing at least 20 acres.
(b) 
Unless otherwise stated, all buildings shall comply with the standards of the zone district.
(c) 
Fencing of the substation is required. The fenced area shall be secured with an operating lock. The fence material shall be of solid composition and specifically colored to be unobtrusive.
(d) 
A wind tower and generator shall be set back a minimum distance of 150% of the facility height from all property lines. However, the setback to a lot containing a residential use or to a residential zone district shall in no event be less than 300 feet.
(e) 
Notwithstanding setback requirements which are applicable, no wind energy facility shall be located in a front yard or minimum front yard area.
(f) 
Substations shall be setback a minimum of 150 feet from a property line. However, the setback to a lot containing a residential use or to a residential zone district shall be no less than 300 feet.
(g) 
A landscaping buffer around the substation and any similar facility is required. See Subsection E regarding landscaping in buffer areas as delineated hereinbelow.
(h) 
A wind energy facility shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.
(i) 
The wind generator and the tower shall be a neutral color that are appropriate for their locations and will allow the tower to be as unobtrusive as possible, unless otherwise required by the FAA.
E. 
Landscaping in buffer areas for all renewable energy facilities (wind or solar).
(1) 
All landscaping, as installed, shall conform to and be in accordance with the plan approved and signed by the Board. The minimum planted landscape area can also include natural woodland and understory, but must also contain plantings, or berms and plantings that will be maintained to achieve the objectives in this section. Prior to the issuance of a permanent certificate of occupancy, completion or compliance (whichever is applicable) and prior to the release of any performance guarantee, the landscaping shall be installed and a two-year maintenance guarantee in a form acceptable to the Township Attorney shall be posted in an amount acceptable to Township Engineer. If the applicant applies for a certificate of occupancy during a nonplanting season, the applicant may obtain a temporary certificate of occupancy without installation of the landscaping. In this case the applicant shall post a performance guarantee in a form acceptable to the governing body and in an amount acceptable to the Township Engineer guaranteeing installation of the landscaping during the next planting season and further guaranteeing the subsequent posting of a two-year maintenance guarantee. The applicant shall have a continuing obligation to maintain all landscaping for its intended purpose (i.e., for screening if planted for buffering purposes or for aesthetics if planted for enhancement purposes), which shall include but not be limited to repairing and/or replanting to the satisfaction of the Township Planner/Engineer any and all landscaping that becomes damaged and/or dies. This continuing maintenance obligation is in addition to, and notwithstanding, the fact that a maintenance guarantee may or may not be required in any particular application. In the event that the Township Zoning Officer determines that utilization of an outside expert (e.g., landscape architectural expert) is necessary to fulfill the intent of this section, all reasonable costs and expenses of such outside experts shall be reimbursed to the Township by the applicant.
(2) 
Where planted landscape buffer screening is required, the landscaping must be sufficient to ensure 75% screening within three years and 100% screening within five years.
(3) 
Wind energy facilities and substations shall be screened from view in addition to the solid fencing as follows: A dense or impervious visual screen of a combination of plantings, fence and/or earthen berm shall be provided. Evergreen plantings will be installed at 10 feet on center. A sufficient number of staggered rows of plant stock shall be provided to achieve the required visual screening.
(4) 
For ground-mounted solar energy facilities, a dense or impervious visual buffer screen of a combination of plantings or earthen berm shall be provided to be maintained at the design height of the ground-mount support structure. A landscape or impervious visual screen shall separate such facilities from properties in and abutting residential zones and uses, as required. A sufficient number of staggered rows of plant stock will be provided to achieve the visual screening within the required buffer width.
F. 
Abandonment and decommissioning of a renewable energy facility.
(1) 
A decommissioning plan will be submitted, for approval to the Municipal Engineer, for all renewable energy facilities that require board review. This plan will outline the requirements below and assure that the facility will be dismantled and describe how the land will be returned to its natural state, including grading and vegetation. The decommissioning plan shall specify a time schedule to fully decommission the facility once there has been abandonment, but in no event shall exceed 180 days. A demolition permit shall be secured for decommissioning.
(a) 
A renewable energy facility that is out of service for a continuous twelve-month period will be deemed to have been abandoned unless the facility is obviously inoperable, in which case the facility will be immediately declared abandoned.
(b) 
The Township may issue a notice of abandonment to the owner of a renewable energy facility that is deemed to have been abandoned. The notice shall be sent return receipt requested, indicating that the owner must actively pursue the requirements of the decommissioning of the facility.
(c) 
The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date.
(d) 
If the owner provides information that demonstrates the renewable energy facility has not been abandoned, the Township shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn.
(e) 
If the Township Engineer or his designee determines that the renewable energy facility has been abandoned, the owner of the wind energy facility shall remove the renewable energy facility at the owner's sole expense within 180 days after the owner receives the notice of abandonment, in accordance with the decommissioning plan, if a plan has been submitted.
(f) 
In the event that the applicant fails to remove the renewable energy facility, the Township and/or its employees and/or contractors may enter the property to remove the renewable energy facility (but shall not be obligated to remove same) and, in the event that the Township performs the removal, all costs and expenses of such removal shall be reimbursed to the Township by the applicant. In the event the applicant fails to reimburse the Township, the Township may, to the extent permitted by law, place a lien on the property in the amount of the costs and expenses of said removal and, in the event that the Township incurs any additional costs and expenses in enforcing the lien and/or collecting the money owed, the applicant shall be obligated to reimburse the Township for the additional costs and expenses, including reasonable attorney's fees.
G. 
Zoning permit requirements and procedure: all renewable energy facilities (solar and wind).
(1) 
Permit. A zoning and building permit shall be required for the installation of all renewable energy systems. An owner shall submit an application for a zoning and construction permit to the Zoning Officer.
(2) 
Approval. If the zoning permit application is approved, the Zoning Officer will return one signed copy of the application with the zoning permit and retain the other copy with the application.
(3) 
Denial. If the zoning permit application is rejected, the Zoning Officer will notify the applicant in writing and provide a written statement of the reason why the application was rejected.
H. 
Administration and enforcement.
(1) 
This section shall be administered by the Zoning Officer or other Township of Bridgewater official as designated.
(2) 
The Zoning Officer, with reasonable notice except for emergencies, may enter any property for which a permit application has been applied for and/or permit been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.
(3) 
At the discretion of the Zoning Officer and the Bridgewater Township Construction Office for which a zoning, building and/or electrical permit was obtained, as applicable, the Township reserves the right to require the applicant to obtain and submit an "as-built" survey upon completion of the solar energy facility evidencing the exact location and height of the structures to ensure said installation is made in accordance with the requirements of the Township of Bridgewater.
(4) 
The Zoning Officer may issue orders to abate any violation of this section. The Zoning Officer may issue a citation for any violation of this section.
(5) 
The Zoning Officer may refer any violation of this section to the Township of Bridgewater Township Attorney for enforcement.
I. 
Violations and penalties.
(1) 
It is unlawful for any person to construct, install, or operate a renewable energy facility that is not in compliance with this section.
(2) 
A renewable energy facility installed prior to the adoption of this section is exempt from the requirements of this section.
(3) 
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as provided in §§ 1-114 and 1-115 of the Bridgewater Township Code.
(4) 
Nothing in this section shall be construed to prevent the Township Council and/or Township officials of the Township of Bridgewater from using any other lawful means to enforce this section.
[1]
Editor's Note: Former § 126-335, Home occupations, as amended 9-18-1978 by Ord. No. 78-22, was repealed 5-18-1998 by Ord. No. 98-16. This ordinance also provided that any home occupation or home office usage pursuant to either site plans approved thereunder or under a variance approval prior to the adoption of this ordinance shall remain valid subject to the conditions of applicable ordinances, site plan approval or variance approval.
Signs for other than single-family residences shall be required to meet the standards established under the Site Plan Ordinance.[1] For single-family residences a sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than two square feet. A permitted home occupation may be included with the name of the occupant. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.
[1]
Editor's Note: See Part 8, Site Plan Review.
The following uses shall be permitted in all residential zones as accessory uses to principal permitted uses and under the following requirements:
A. 
Normal and usual outdoor lighting, such as walkway, security or post lights, is permitted for all uses in all zones.
B. 
Specific minimum dimensions from lot lines are based on zone where located and noted in Schedule of Area, Yard and Building Requirements[1] as may be modified by these regulations.
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
C. 
Height. In all residential zones, no accessory building or structure shall exceed the height of the principal building or structure or 16 feet, whichever results in the lesser height. Accessory apartments which conform to § 126-339F of this code are permitted a maximum height of 20 feet.
[Added 11-18-1991 by Ord. No. 91-33]
A. 
Coverage. All accessory uses shall be included in computing maximum improved lot coverage. Lots in cluster developments approved by the Planning Board in which there is a dedication of permanent open space may utilize the maximum improved lot coverage for the zone in which the lots are located.
[Amended 6-20-2011 by Ord. No. 11-14]
B. 
Number. Not more than two accessory structures shall be permitted on any lot. Patios, radio towers, fences, outdoor utility installations and swimming pools shall not be included in calculating the maximum number of accessory uses.
[Amended 11-18-1991 by Ord. No. 91-33]
C. 
Principal structure required. All accessory uses or structures shall be located on the same lot as the principal permitted structure.
D. 
Site plan requirement. Site plans required by the Development Enforcement Officer shall contain sufficient information to ensure compliance with the requirements of this Part 12. All others shall contain the information and data required in the Site Plan Ordinance.[1]
[1]
Editor's Note: See Part 8, Site Plan Review.
E. 
Location on corner lots. Accessory uses on corner lots shall not be located closer to the side street property line than the required setback line for front yards on the side street.
F. 
Buffering. As part of site plan approval by the Development Enforcement Officer or Planning Board, landscaping and buffering shall be required to minimize any nuisance impact on surrounding properties.
A. 
Patios. Notwithstanding any other provisions of the Schedule of Area, Yard and Building Requirements, patios may be located not closer than five feet to any side or rear lot line.
B. 
Radio towers. Guy wires for radio towers may be located within one foot of side or rear property lines. The tower shall not cause a threat to adjacent properties. The height shall not exceed the distance to the nearest property line.
C. 
Accessory buildings, detached garages or storage sheds. The maximum size of such accessory uses shall be 1,000 square feet.
D. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D, Fences, was repealed 6-7-2018 by Ord. No. 18-06. See now Ch. 196, Fences and Retaining Walls.
E. 
Horse barns. Notwithstanding any provisions of the Schedule of Area, Yard and Building Requirements, horse barns shall meet the following requirements: No horse or pony shall be kept on a lot having an area of less than 32,000 square feet. One such animal may be kept on a lot having an area of at least 32,000 square feet. No more than two such animals may be kept on a lot having an area of at least 40,000 square feet. No shelter for such an animal shall be within 50 feet of a property line or in any part of a front yard. No run or corral area for such an animal shall be within 25 feet of a property line or in any part of a front yard.
F. 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection F, Accessory dwelling units, added 9-19-1985 by Ord. No. 85-28, was repealed 7-7-2005 by Ord. No. 05-45.
G. 
Parking decks, whether attached to a principal structure or not, are exempt from the maximum size provisions of § 126-339C; however, all parking decks shall adhere to the minimum yard and setback requirements for principal buildings as required by the underlying zoning district.
[Added 11-18-1991 by Ord. No. 91-33]
Location Permitted
Accessory
Use
Lighting
Site Plan
Required
Front
Yard
Rear
Yard
Side
Yard
Swimming pools
In pool only
As required by the Development Enforcement Officer
X
X
Tennis, paddle ball or squash courts
None
Yes
X
Patios
Yes
As required by the Development Enforcement Officer
X
X
Storage sheds
N/A
As required by the Development Enforcement Officer
X
X
Accessory buildings
N/A
Yes
X
X
Detached garages
N/A
As required by the Development Enforcement Officer
X
X
Radio towers
N/A
As required by the Development Enforcement Officer
X
X
Horse barns
N/A
Yes
X
Fences
N/A
As required by the Development Enforcement Officer
X
X
X
Outdoor utility installations
N/A
Yes
X
X
X
Heliports
Yes
Similar facilities
[Added 9-20-2012 by Ord. No. 12-20]
A. 
Permanent standby generators.
(1) 
Applicability. This section shall apply to the owners and/or occupiers of a one-family dwelling or a two-family dwelling as those terms are defined in the definition section (§ 126-2) of Chapter 126, Land Use, of the Township Municipal Code who wish to install and utilize an outdoor standby generator. This section and its requirements shall not apply to portable generators.
(2) 
Purpose and permission. Permission is hereby granted to the owners and/or occupiers of a one- or two-family dwelling to install and utilize an outdoor permanent standby generator, subject to the requirements delineated below.
(3) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PERMANENT STANDBY GENERATORS
Generators permanently connected to the building's electrical systems in order to provide backup power in the event of power outages.
PORTABLE GENERATOR
Generators not permanently connected to the building's electric systems, use a self-contained fuel source and have wheels or are light enough to be carried.
(4) 
Distance requirements.
(a) 
A permanent standby generator cannot be located in the front yard of any property.
(b) 
A permanent standby generator may only be located in the rear or side yards of the property.
(c) 
Setbacks. All property owners or occupiers of dwellings to whom this section is applicable shall meet the setback requirements for accessory structures and uses, based on the zoning district in which the property is located. In the event the installation of a standby generator cannot meet the setback requirements applicable to such property based on the zoning district it is located in and the proposed location of the generator, then the setback requirements may at the reasonable discretion of the Zoning Officer be replaced with the following requirements: five feet from the rear property line; five feet from the side property lines.
(d) 
Location of the permanent standby generator relative to the dwelling. The generator shall be located in accordance with its manufacturer's installation instructions or the building codes adopted by the State of New Jersey, whichever is more stringent.
(5) 
Impact on neighboring properties.
(a) 
All such generators shall be placed so as to minimize the visual impact on adjacent properties with the use of appropriate sound-attenuating architectural materials and landscape screen.
(b) 
The noise level of such a generator, when in use, shall not create a nuisance as determined by the New Jersey State noise statutes and regulations.
(6) 
Time of use. The generator shall only be used during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation shall only take place during day light hours between the hours of 10:00 a.m. and 5:00 p.m. not to exceed once a week.
(7) 
Fuel. The generator shall operate only on liquid gas propane fuel or natural gas (diesel fuel may be used as an alternate).
(8) 
Permits and applicable codes. All such property owners seeking to install an outdoor permanent standby emergency backup generator must file an application with the Construction Department prior to installation and receive permits as necessary before any work can be commenced. The Uniform Construction Code (UCC), adopted both in New Jersey and the Township of Bridgewater, shall be complied with. This means that the property owner shall comply with all municipal ordinances and state-adopted codes (i.e., National Electric Code, National Fire Protection Association Code, International Fuel Gas Code, etc.).
(9) 
Size and capacity of permanent standby generator. The permanent standby generator to be installed shall not exceed a capacity of 75 kw.
Uses with accessory outdoor storage areas, such as building materials, yards, or research facilities with outdoor storage tanks, shall be governed by the following requirements:
A. 
Abutting R Zones. They shall not abut existing residential development, a residential street or any residential zone.
B. 
Flammable and explosive liquids. No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations: Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
[Amended 11-18-1991 by Ord. No. 91-33]
C. 
Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property land shall meet all required setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of a dealer.
D. 
Storage of wastes. No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
E. 
Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
[Amended 11-18-1991 by Ord. No. 91-33; 12-21-2020 by Ord. No. 20-24]
A. 
There shall be no more than one permitted commercially registered vehicle as defined by the Motor Vehicle Code of the State of New Jersey (N.J.S.A. 39:1-1 et seq.) per authorized dwelling unit of the types identified herein parked on any lot zoned for residential purposes, as well as on both sides of the street in front of any residential use or directly across the street from any residential use, between the hours of 7:00 p.m. and 7:00 a.m. The following commercially registered vehicles are permitted overnight on a residential property or in a residential zone subject to the following conditions:
(1) 
Vehicles with a gross vehicle weight rating of 10,000 pounds or less and excluding trucks commonly identified as "box" and "walk-in" trucks of any gross vehicle weight.
(a) 
Examples of permitted vehicles include, but are not limited to, minivans, full-size and heavy-duty pickups, utility vans, multipurpose vehicles; and those types of vehicles must be owned or used by a resident of the premises and used as the customary means of transportation to and from work, and; it must be demonstrated that the vehicle cannot be parked in a garage or other permanent enclosed structure on site.
(b) 
Heavy-duty pickup trucks and van conversions with a gross vehicle weight rating of 14,000 pounds or less are permitted, provided that such vehicles are to be used as utility vehicles (used for trade purposes), and further provided that such vehicles have either an open or enclosed bed with neither racks nor stakes.
(2) 
The vehicle shall not obstruct any pedestrian or vehicular traffic and be no closer than five feet from a side or rear property line. To the extent feasible, the vehicle shall be screened by a combination of fencing and/or landscaping to provide year-round screening. Wherever possible, the vehicle shall be parked in a side or rear yard.
(3) 
The vehicle shall not be parked on a grassed area, lawn area, or an otherwise landscaped area.
(4) 
The outside storage of any materials or equipment associated with the commercial vehicle is prohibited.
B. 
The following types of commercial vehicles are prohibited from being parked on any street in any zone between the hours of 7:00 p.m. and 7:00 a.m. except when engaged in providing emergency repair services or actively engaged in moving the residents of the premises.
(1) 
All commercial vehicles with a gross vehicle weight of more than 10,000 pounds including but not limited to large walk-in trucks, box trucks, dump trucks, rack and stake body trucks, grain body trucks, tractors and tractor-trailers;
(2) 
Buses or vans registered for more than 11 passengers, with the exception of school buses registered for 16 or fewer passengers that comply with applicable USDOT Federal Motor Vehicle Safety Standards, provided that same are parked on a lot and not on the street;
C. 
No commercial vehicle of any kind shall be parked on any street, lot, avenue, highway or portion thereof that is located in a residential use in any zone, as well as on both sides of the street in front of any residential use or directly across the street from any residential use, that contains any form of advertising or display beyond the requirement of N.J.S.A. 39:4-46 not permanently affixed by paint, stencil, or comparable process onto the body of the vehicle.
D. 
Enforcement officers and procedure. The agencies and officers of the Township of Bridgewater that shall be charged with the enforcement of this chapter are the Township of Bridgewater Zoning Officer or his designated representative, the Township of Bridgewater Police Department and its police officers and the Health Officer or his designated representative. These agencies or officers may act individually or in conjunction with one another in the enforcement of this chapter.
E. 
Violation and penalties. Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this chapter, including attached schedules, or any supplements thereto, amendments thereto or revisions thereto shall be liable to a penalty of not less than $100 and more than $500 or imprisonment for a term not exceeding 90 days, or both.
[Added 5-19-1980 by Ord. No. 80-18]
Uses in the MPD Zone shall be subject to the following additional requirements:
A. 
Where a medical district use abuts or is located across a street from a residential use, a landscaped buffer will be required, as indicated in § 126-193A.
B. 
Each use in the medical district will be required to comply with the district plan for stormwater control, design features and site amenities.
C. 
Parking requirements shall be one space per 250 square feet of usable building floor area. Parking is permitted within the front yard setback.
[Added 9-19-1985 by Ord. No. 85-28; amended 3-4-1988 by Ord. No. 88-1; 5-16-1994 by Ord. No. 94-12; 5-16-1994 by Ord. No. 94-13; 8-4-2003 by Ord. No. 03-29; 12-1-2008 by Ord. No. 08-30; 7-18-2011 by Ord. No. 11-18]
The sale and/or rental of every affordable housing unit within Bridgewater Township, so as to be in compliance with its obligations under Mount Laurel II, as provided for herein, shall be regulated as follows:
A. 
Administration.
(1) 
The sale and rental of lower-income units shall be made in accordance with the procedures established hereunder as enforced and monitored by, and all applications for the purchase and rental of lower-income units shall be made to the Director of the Department of Human Services (the “Director”) or as otherwise directed by the Mayor.
(2) 
There is hereby established the Bridgewater Township Housing Advisory Board (the "Board") to be comprised of six citizens appointed by the Mayor and Township Council. The members of the Board shall serve without salary, but may be paid expenses incurred in the performance of duties. The Board shall meet from time to time at the request of the Director for the purpose of rendering assistance with respect to the implementation of this chapter, including issuing recommendations as to the adoption of rules, regulations and eligibility standards and applications made hereunder.
B. 
Selection process. The sale and rental of lower-income units shall be offered to households meeting the income eligibility guidelines established hereunder, as amended from time-to-time, which define low- and moderate-income for Bridgewater Township's prospective need housing region, as determined from time-to-time, in accordance with a random selection process of eligible households, except as may otherwise be mandated by any federal or state housing subsidy program.
C. 
Regulation. Every sale and rental of lower-income units produced in Bridgewater Township under its Mount Laurel II Compliance Program shall be regulated as follows:
(1) 
Sales price and rental levels.
(a) 
The initial sales prices, including such reasonable fees and charges as are imposed on the buyer by the seller, and rents of the lower-income units shall not exceed the applicable maximums established from time to time by written regulation. No separate parking fees shall be charged, and any fees for use of recreational facilities shall be no greater than those charged owners or renters of the non-lower-income units.
(b) 
The Director shall establish and periodically revise sales prices and rent levels for the lower-income units in order that units may be purchased by lower-income households at prices which do not exceed the percentages of income as defined in this chapter. The Director may vary the sales prices and rents on the basis of the type of structure, the floor area of, number of bedrooms in and location of the unit, whether or not utilities are borne by the tenant, the interest rates and type of mortgages available to purchasers, and other relevant factors as follows:
[1] 
The sales prices and rent levels shall be set so that lower-income units shall be affordable, not only by households at the ceiling incomes for low-income households and moderate-income households, respectively, but by a reasonable cross section of households within each category. The range of affordability shall be such that the average price within each category shall be 90% of the maximum price within each category.
[2] 
The sales prices and rent levels shall be based on amounts which can be afforded by low- and moderate-income families as defined herein.
[3] 
For purposes of relating affordability to household size, households of the following size shall be assumed to occupy units of the following size:
Number of Bedrooms
Number of Persons
0
1
1
1-2
2
3-4
3
4+
(c) 
When establishing rent levels for re-rentals to the same tenant, the Director shall not approve rent increases which would no longer make the unit affordable to such tenant.
(d) 
When establishing sales prices for resale of the lower-income units, the Director shall ensure that the units remain affordable to low-income households, if they initially were low-income units, and moderate-income households, if they initially were moderate-income units, and shall limit price increases to the percentage increase in Metropolitan New York Regional Consumer Price Index for Housing of the Department of Labor using the year of sale as the base year for the purpose of computing such increase or in such other manner as will assure continued availability of the units to lower-income households and a fair return to the homeowner. In addition, the Director shall by regulation provide for the manner and extent to which out-of-pocket costs and the value of reasonable improvements are recoverable by the homeowner upon sale and the manner in which needed repairs are made or paid for by the owner. The Director may establish procedures whereby homeowners can secure certification of improvements in advance of their construction, in which case, the homeowner shall recover the value of same at the time of sale.
(e) 
The Director may grant exceptions to the sales and rent ceilings established by this section when extraordinary circumstances associated with lower-income units make such ceiling impracticable or otherwise inappropriate.
(2) 
Eligibility.
(a) 
The lower-income units shall be sold or rented only to households which meet the eligibility standards established from time to time by written regulation of the Director for ownership or rental of such units and which are certified by the Director as eligible.
(b) 
The Director shall establish and periodically revise eligibility standards for the lower-income units in order that only lower-income households are eligible therefor and shall establish standards relating the maximum level of income-generating assets.
(c) 
No household which has been certified by the Director as eligible for the ownership or rental of a lower-income unit and which has purchased or rented such unit shall be removed or relocated from such unit during the initial rental term solely because such household's income has increased beyond the low- or moderate-income range, as the case may be, subsequent to the purchase or initial rental terms of such unit.
(3) 
Sales and rental procedures and standards.
(a) 
The Director shall by regulation establish:
[1] 
Procedures providing for notification to him and to eligible households in the order and manner as he sees fit where lower-income units become available for sale or rental.
[2] 
Procedures to assure that the lower-income units are rented or sold only to persons eligible therefor in light of applicable eligibility, preference and priority standards; that households entitled to a preference or priority are given a reasonable opportunity to utilize the same; and that the Director is notified of the persons to whom the units are rented or sold.
[3] 
Such other procedures and policies pertaining to sales and rentals which he deems necessary to fulfill the purposes of this chapter.
[4] 
A certificate of occupancy for a low- or moderate-income sales unit will not be issued until all procedures and policies pertaining to sales and rentals are complied with.
(b) 
An owner shall offer lower-income units for rental or sale through the Director for no less than 20 working days in the case of rental, for no less than 60 working days in the case of sale from the date it becomes available for rental and occupancy or for purchase, as the case may be. If during such time period, an eligible household does not make an offer to rent or purchase meeting the terms upon which the offer to rent or sell was made, the owner may rent or sell a low-income unit to a moderate-income purchaser or, if none is available, to any interested purchaser, and may rent or sell a moderate-income unit to any interested purchaser. Notwithstanding such sale or rental, the sales and rent controls established herein shall continue to apply.
(c) 
For new sale and rental developments, all of the fees of the administrative agent shall be paid by the owners of the affordable units for which the services of the administrative agent are required. For resales, single-family homeowners and condominium homeowners shall be required to pay 3% of the sales price for services provided by the administrative agent related to the resale of their homes. That fee shall be collected at closing and paid directly to the administrative agent.
[Added 6-4-2020 by Ord. No. 20-14]
(4) 
Restrictions on use. Every purchaser or tenant of a lower-income unit shall use it for his own primary residence and shall certify on a form prescribed by the Director that he is acquiring or leasing the unit as his or her family's primary place of residence. Purchasers or tenants may lease or sublet such units only to persons eligible therefor and at rent levels not exceeding those established by the Director and only with the prior written approval of the Director.
(5) 
Duration of sales and rent controls. Controls on sales and rentals for each lower-income unit shall be established by the Director and shall be of 30 years' duration for each such unit.
(6) 
Foreclosure regulations.
(a) 
Any lower-income unit which is acquired by a first mortgagee by deed in lieu of foreclosure, or by any purchaser at a mortgage foreclosure sale conducted by the holder of the first mortgage (including the first mortgagee but excepting the defaulting mortgagor) shall be permanently released from the regulations, restrictions and covenants established herein or by the Director pursuant to this chapter and all resale restrictions shall cease to be effective as to the first mortgagee and all subsequent purchasers and mortgagees of that particular unit (except for the defaulting mortgagor, who shall be forever subject to the resale restrictions of this chapter with respect to the lower-income unit owned by him at the time of his default). Execution or foreclosure sales by any other class of creditor shall not result in a release of the lower-income unit from the provisions of this plan.
(b) 
The Director may, at his sole option, advance and pay all sums necessary to protect, preserve and retain the lower-income unit as a unit constructed towards fulfillment of the Township's Mount Laurel II obligation. All sums to advanced and paid by the Director shall become a lien against such lower-income unit and shall have a higher priority than any lien except the first purchase money mortgage lien and liens by duly authorized government agencies. Such sums may include, but are not limited to, insurance premiums, taxes, assessments (public or private) and liens which may be or become prior and senior to any first purchase money mortgage as a lien on the lower-income unit, or any part thereof. The first mortgagee shall serve written notice upon the Director within 10 days after the first purchase money mortgage is three months in arrears, and again within 10 days of the filing of the complaint seeking foreclosure of the first purchase money mortgage held on such lower-income unit. In the event any first mortgagee or other creditor of an owner of a lower-income unit exercises its contractual or legal remedies available in the event of default or nonpayment by the owner of such unit, the owner shall notify the Director in writing within 10 days of such exercise by the first mortgagee or creditor and no later than 10 days after service of any summons and complaint and the Director shall have the option to purchase, redeem or cure any default upon such terms and conditions as may be agreeable to all parties in interest and/or to acquire the first purchase money mortgage to the lower-income unit, thereby replacing the first mortgagee as the first mortgagee of such unit. The Director shall have the same priority of lien as was held by the first mortgagee at the time the Director acquires such first purchase money mortgage, and shall have the right of subrogation with respect to any other claim or lien it satisfies or acquires.
(c) 
The Township and/or the Director or any instrumentality designated by the Township shall have the right to purchase any mortgage which is in default at any time prior to the entry of a foreclosure judgment, or within the redemption period thereafter. Notification of a default and of the institution of a foreclosure action and of a sheriff's sale shall be served in writing upon the Director, with a copy also sent to the Township Clerk. The Township shall at all times be considered a party in interest and shall have the right to be joined as a party defendant and/or shall have the right to intervene in any foreclosure action seeking foreclosure of a first mortgage and/or shall have the right to redeem and acquire the owner's equity of redemption or to acquire the lower-income unit from the owner upon such terms and conditions as may be determined by the Township and/or Director.
(d) 
In the event of a foreclosure sale of a lower-income unit by the holder of the first purchase money mortgage to a purchaser other than the Township as described above, the owner shall be personally obligated to pay to the Director any surplus funds, but only to the extent that such surplus funds exceed the difference between what the owner could have resold his lower-income unit for under this chapter at the time of the foreclosure sale and the amount necessary to redeem and satisfy the first purchase money mortgage debt, including costs of foreclosure. For purposes of this subsection, surplus funds shall be the total amount paid to the sheriff in excess of the amount required to pay and satisfy the first purchase money mortgage, including the costs of foreclosure, even if junior creditors actually receive payment from said surplus funds to the exclusion of the owner of such unit. The Director is hereby given a first priority lien, second only to the first mortgagee of a lower-income unit and any taxes or public assessments by a duly authorized governmental body, equal to the full amount of surplus funds. This obligation of the owner to pay this full amount to the Director shall be deemed to be a personal obligation of the owner of record at time of the foreclosure sale and the Director is hereby empowered to enforce the obligation of the owner in any appropriate court of law or equity as though same were a personal contractual obligation of the owner. Neither the first mortgagee nor the purchaser at the foreclosure sale shall be responsible or liable to the Director for any portion of these surplus funds.
(e) 
Notwithstanding the foregoing provisions, the Director is authorized to amend these regulations dealing with foreclosure proceedings from time to time.
(f) 
If the Township and/or Director or any instrumentality designated by the Township purchases a mortgage or property at a foreclosure proceeding, then the Township and/or Director or any instrumentality designated by the Township shall be authorized to sell said mortgage or property to any individual that meets the affordable housing requirements.
D. 
Extension of affordability controls. This § 126-341.2D of Chapter 126, Land Use, sets forth mechanisms by which the Township may address its continuing obligation to provide affordable housing in Bridgewater Township through the extension of existing affordable housing controls as follows:
(1) 
This Subsection D applies to all units which are subject to the controls established in N.J.A.C. 5:93-9.2 and which, pursuant to N.J.A.C. 5:93-9.8, may thereafter be sold to any purchaser at market price, provided that 95% of the price differential is paid at closing to the municipal administrative agent who is set forth in § 126-341.2 to enforce and monitor sales and rentals of such units with the Township.
(2) 
As provided in N.J.A.C. 5:97-6:14 and N.J.A.C. 5:80-26.25(a), if the Township determines that the most desirable means of promoting an adequate supply of low- and moderate-income housing with the municipality is to extend the existing affordability controls on those units identified in Subsection D(1) above, then the Township may pass a resolution to prohibit the exercise of the repayment option set forth in N.J.A.C. 5:93-9.8 and thereby maintain the affordability controls on lower-income housing units sold within the municipality for a specific extended period, such period to be specifically set forth in the resolution.
(3) 
In such case where the Township has adopted a resolution pursuant to Subsection D(2) above, the Township shall also thereafter timely record with the County Clerk such deed restriction or other instrument as may be required to provide adequate notice for the extended control period;
(4) 
If any paragraph, section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining paragraphs or sections hereof. All ordinances or parts of ordinances inconsistent with this section are hereby repealed to the extent of such inconsistency.
(5) 
This section shall take effect following final adoption and publication in accordance with applicable law, including the New Jersey Municipal Land Use Law regarding the adoption of land use ordinances.
E. 
Enforcement provisions.
(1) 
Upon the occurrence of a violation of any of the provisions of an affordable housing agreement, or other statute, ordinance or other rules or regulations governing affordable housing units by an owner, developer or tenant of an affordable housing unit, the Township of Bridgewater shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance. After providing written notice of a violation to an owner, developer or tenant of an affordable housing unit and advising the owner, developer or tenant of the penalties for such violations, the Township of Bridgewater may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(a) 
The Township of Bridgewater may file a court action in the Superior Court of New Jersey or in the municipal court of the Township, pursuant to N.J.S.A. 2A:58-11 or any other applicable law, alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
[1] 
A fine of not more than $1,000 or imprisonment for a period not to exceed 90 days or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not a continuing offense.
[2] 
In the case of an owner who has rented his or her affordable housing unit in violation of the regulations governing such units, payment into the Bridgewater Township Affordable Housing Trust Fund of the gross amount of rent illegally collected.
[3] 
In the case of an owner who has rented his or her affordable housing unit to tenant(s), where the tenant(s) had no prior knowledge that such rental was wrongful as in violation of the regulations governing such units, the owner shall make payment of an innocent tenant's reasonable relocation costs, as determined by the court.
(b) 
The Township of Bridgewater may file a court action in the Superior Court seeking a judgment terminating the owner's equity or other interest in the affordable housing unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the affordable housing unit.
[1] 
A judgment obtained by action authorized in this section shall be enforceable, at the option of the Township of Bridgewater, by means of an execution sale by the Sheriff, at which time the affordable housing unit of the violating owner shall be sold subject to the affordability controls already in place on the subject unit at a sale price, which cannot exceed the maximum resale price permitted under the existing regulations at the time of judgment and which cannot be less than the amount necessary to fully satisfy and pay off any valid first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the Township of Bridgewater, including all attorneys' fees. The violating owner(s) shall have their right to possession terminated as well as title conveyed pursuant to the Sheriff's sale.
[2] 
The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The surplus, if any, shall be applied to reimburse the Township of Bridgewater for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. If, due to the limitations on the maximum resale price permitted under the existing regulations at the time of judgment, the proceeds from the Sheriff's sale are insufficient to fully reimburse the Township of Bridgewater as aforesaid, the violating owner(s) shall be jointly and severally personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the Township of Bridgewater in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, the surplus, if any, shall be placed in escrow by the Township of Bridgewater for the owner and shall be held in escrow for a maximum period of two years or until such earlier time as the owner makes a claim for such surplus with the Township of Bridgewater for such. Failure of the owner to claim any surplus within the two-year period shall automatically result in a forfeiture of such surplus to the Township of Bridgewater. Any interest accrued or earned on the surplus during the period it is held in escrow shall belong to and shall be paid to the Township of Bridgewater, regarding of whether the surplus is paid to the owner or forfeited to the Township of Bridgewater.
[3] 
Foreclosure by the Township of Bridgewater due to violation of the regulations governing affordable housing income/affordable housing units shall not extinguish the restrictions of the regulations as the same apply to the affordable housing unit. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing. The owner(s) determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
[4] 
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the Township of Bridgewater may acquire title to the affordable housing by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner(s) with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the affordable housing unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously hereinbefore described.
[5] 
Failure of the affordable housing unit to be either sold at the Sheriff's sale or acquired by the Township of Bridgewater shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Township of Bridgewater, with such offer to purchase being equal to the maximum resale price of the affordable housing unit as permitted by the regulations governing affordable housing units.
[6] 
The owner(s) shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is vested in a new owner.
[Added 9-19-1985 by Ord. No. 85-28]
A. 
Any owner of multifamily residential development of 25 units or more existing on the date of this section which converts to a condominium form of ownership shall offer for sale to lower-income families furnished from a list provided by the Director of Human Resources of the Department of Planning of the Township of Bridgewater, 20% of those units which are not purchased by existing tenants or units accepted by tenants protected from conversion under the terms of N.J.S.A. 2A:18-61.22. Ten percent of said units shall be moderate-income units and 10% of all said units shall be low-income units.
B. 
No plan for conversion of the aforesaid multifamily residential development to a condominium form of ownership may be filed by any owner until the Bridgewater Director of Human Resources has approved the plan for sale of the lower-income units.
[Added 1-6-1997 by Ord. No. 97-5]
Notwithstanding any provision of this Chapter 126, Land Use, of the Code of the Township of Bridgewater to the contrary, the following supplementing regulations shall govern the development of a regional retail shopping complex within the M-1 Limited Manufacturing Zone:
A. 
The minimum tract size shall be 75 acres, with at least 2,000 feet of frontage along Route 202.
B. 
Except for allowances for emergency vehicular access as may be required by the Planning Board during its review of the submitted site plan, vehicular access to the site shall be restricted to Route 202.
C. 
A regional retail shopping complex may include any combination of the following individual uses: retail stores and shops; personal service establishments; a supermarket; professional and business offices; governmental offices; banks and/or restaurants, including drive-through facilities; and theaters.
D. 
The maximum floor area ratio (FAR) shall be 0.175, and the maximum improved lot coverage of the lot by buildings, structures, driveways, parking lots, pedestrian walkways, signs and other man-made improvements on the ground surface which are more impervious than the natural surface shall be 60%.
E. 
A minimum contiguous land area equal to at least 25% of the total tract area shall be preserved in its natural state and shall not be physically developed except by the Township for municipal purposes or by the Board of Education for school construction, subject to the following conditions:
(1) 
The preserved contiguous land area shall include lands with substantial existing vegetation and shall include lands directly abutting existing residential development.
(2) 
Except to the extent required for municipal or school purposes, the preserved contiguous land area shall be utilized as a buffer between the developed portions of the regional retail shopping complex and adjacent residentially developed areas.
(3) 
Any existing trees within the preserved contiguous land area shall be protected during construction.
(4) 
Where existing vegetation is insufficient to provide a buffer between the developed portions of the "regional retail shopping complex" and directly abutting existing residential development, the Planning Board may require additional landscaping as may be reasonably necessary to provide a buffer, including evergreen trees at least eight feet high at time of planting, berms two to three feet high, and/or fencing.
(5) 
A portion or portions of the preserved (open space) land area may be used for driveways and/or for necessary surface water management facilities and/or for other required infrastructure.
F. 
The minimum front yard building setback shall be 100 feet and the minimum front yard parking setback shall be 25 feet.
G. 
The minimum rear yard building setback shall be 100 feet and shall average 150 feet measured between the building's foundation and the property line, and the minimum rear yard parking setback shall be 100 feet.
H. 
The minimum side yard building setback shall be 100 feet and shall average 150 feet measured between the building's foundation and the property line, and the minimum side yard parking setback shall be 100 feet, provided that the required side yard building setback shall be reduced to 25 feet and the side yard parking setback shall be reduced to five feet where the lands to be developed abut lands used for railroad transportation.
I. 
No individual building and/or use shall exceed 150,000 gross square feet of area, except that no theater shall exceed 75,000 gross square feet of area.
J. 
More than one principal building shall be permitted, provided that all buildings are separated by a minimum of 20 feet when the separation area is to be used solely for pedestrian circulation or by a minimum of 50 feet when any portion of the separation area is to be used for parking and/or vehicular circulation.
K. 
The maximum height of all newly proposed buildings shall be 2 1/2 stories and 35 feet, provided that one existing building used for offices and not exceeding 100,000 square feet of floor area and 100 feet in height may remain on the site.
L. 
No merchandise, products or other material shall be displayed or stored outside, except that up to 20% of the gross floor area of a building occupied by a single tenant may be unroofed if used for the storage of material offered for sale within the building and/or for the sales area for plants and garden supplies, provided the following:
(1) 
The unroofed area shall be completely walled and appear from the outside to be part of the roofed portion of the building; and
(2) 
The unroofed area shall be set back at least 250 feet from any existing residential property line, provided that the required setback shall be reduced to 25 feet where the unroofed area abuts lands used for railroad transportation.
M. 
Off-street parking shall be provided in accordance with the following requirements:
(1) 
Retail stores and shops, personal service establishments, supermarkets and banks shall be provided parking at the ratio of one space per every 200 square feet of floor area.
(2) 
Professional and business offices shall be provided parking at the ratio of one space per every 250 square feet of floor area.
(3) 
Restaurants and theaters shall be provided parking at the ratio of one space per every three seats;
(4) 
Each required nonhandicapped parking space shall not be less than nine feet wide by 18 feet in length.
(5) 
Each required handicapped space shall not be less than eight feet by 18 feet in length and shall have an adjacent pedestrian access aisle at least five feet wide, provided that if a different requirement of a handicapped space has been adopted by the State of New Jersey, the most current requirement shall be met.
(6) 
The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the aisle or driveway.
(7) 
Aisles or driveways providing access to the parking spaces shall have the following minimum dimensions, provided that where the angle of parking is different on both sides of the aisle or driveway, the larger dimension shall be required:
Angle of Parking Space
One-Way Aisle/Driveway
Two-Way Aisle/Driveway
90°
Not permitted
24 feet
60°
18 feet
Not permitted
45°
15 feet
Not permitted
30°
12 feet
Not permitted
Parallel
12 feet
20 feet
N. 
Each off-street parking lot shall have a minimum area equivalent to one parking space per every 24 spaces landscaped, with approximately 1/2 said area having shrubs which will grow no higher than three feet and the other half having trees with a minimum caliper of 1 1/2 inch at time of planting and with branches not allowed to be lower than seven feet. Such landscaped area shall be distributed throughout the parking lot in order to break the view of parked cars in a manner not impairing visibility.
O. 
All buildings shall be provided adequate space in appropriate locations for off-street loading and unloading, with adequate ingress and egress and with adequate space for maneuvering and in accordance with the following:
(1) 
Loading and unloading activities shall be set back from all side and rear property lines at least 100 feet, provided that the required setback shall be reduced to 25 feet where the loading and unloading activities abut lands used for railroad transportation.
(2) 
Loading and unloading activities shall occur at the side or rear of a building and shall be located in visually unobtrusive areas with adequate screening provided by walls and/or plantings specifically approved by the Planning Board.
(3) 
Loading and unloading from a public street is not permitted.
(4) 
The method and location of loading and unloading for each building shall be specifically addressed as part of the application for development submitted to the Planning Board for approval.
P. 
There shall be at least one trash and garbage pickup location for each building or cluster of buildings, including provisions for the storage and collection of recyclable materials, in accordance with the following:
(1) 
The trash and garbage pickup locations shall be set back from all side and rear property lines at least 100 feet, provided that the required setback shall be reduced to 25 feet where a trash and garbage pickup location abuts lands used for railroad transportation.
(2) 
The trash and garbage location shall be provided in the rear or side yard area of each building or cluster of buildings and shall be separated from any parking spaces by either a location within a building or in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets, pedestrian walkways and adjacent uses by a fence, wall, planting or combination thereof.
(3) 
If located within a building, a doorway may serve both the loading and trash/garbage functions, and if located outside the building, the trash and garbage location may be located adjacent to or within the general loading area(s), provided that the trash/garbage container in no way interferes with or restricts the loading and unloading activities.
Q. 
All parking areas and walkways thereto and appurtenant passageways and driveways shall be adequately illuminated for security and safety purposes according to the following:
(1) 
Lighting shall be provided by fixtures with a mounting height not more than 25 feet high.
(2) 
The lighting fixtures shall include non-glare, recessed lens lights focused downward in order to mitigate against adverse impacts upon adjacent and nearby residential properties, the safety of the traffic along adjacent roadways and overhead skyglow.
(3) 
Except for lighting necessary, and/or advisable for security and business operation purposes, all other lighting shall be on circuit timers and shall be automatically turned off after business hours.
(4) 
A lighting plan shall be submitted indicating the location, direction of illumination, power and isolux curves for each fixture, including details of the lighting poles and the luminaires.
R. 
All signs for regional retail shopping complex shall adhere to a common architectural theme and may include the following:
(1) 
A regional retail shopping complex may have two internally lit freestanding signs identifying the name of the shopping complex and anchor tenants, with each sign not exceeding 250 square feet on each side. Each freestanding sign may be attached to a decorative tower as may be approved by the Planning Board. Each freestanding sign shall not exceed 25 feet in height, and each sign and any decorative tower to which it is attached shall be set back at least 30 feet from all property lines.
(2) 
Where an individual activity occupying at least 1,000 square feet of floor area has direct access from the outside, a sign identifying the name of the activity shall be permitted to be attached flat against the building on the front wall of the building near the entrance to the activity, with an additional such sign attached to a side wall if the activity is located at the end of a building. The size of each such sign shall be equal to one square foot of sign area per one linear foot of building frontage or building side occupied by the activity.
(3) 
Where the design of a regional retail shopping complex includes a roof over a common walkway along the front of a building, an additional sign identifying the name of an individual activity occupying at least 500 square feet of habitable floor area may be suspended in perpendicular fashion from the roof over the common walkway. The size of the suspended signs shall be as determined by the Planning Board. In any case, suspended signs shall be no closer than 10 feet at their lowest point to the finished grade below.
(4) 
Additional signs or larger or smaller signs may be approved by the Planning Board to be situated within the regional retail shopping complex, provided that the aggregate square footage of all the signs within the regional retail shopping complex does not exceed the maximum aggregate square footage allowed hereinabove.
S. 
Subsequent to final site plan approval by the Bridgewater Township Planning Board and notwithstanding any requirement of the Land Use Ordinance to the contrary, a building within the regional retail shopping complex may be subdivided from the remainder of the complex without in any way affecting the approved site plan, provided that the following conditions are met:
(1) 
That the subdivided land area contains 1/2 of the parking spaces calculated for the subject building and its use in accordance with the applicable provisions specified in Subsection L of this section hereinabove.
(2) 
That the remaining parking spaces calculated for the subject building and its use in accordance with the applicable provisions specified in Subsection L of this section hereinabove shall be shared with the uses in the remainder of the regional retail shopping complex and be made available to the subject building via a cross easement agreement.
(3) 
That the subdivided land area and subject building remain bound by the site plan approval of the regional retail shopping complex granted by the Planning Board.
T. 
All of the other requirements of Chapter 126, Land Use, of the Code of Township of Bridgewater governing development within the M-1 Limited Manufacturing Zone which are not contrary to the provisions specified hereinabove shall be met.
U. 
The Planning Board shall require, as a condition of site approval, the entry into a developer's agreement with the Township Council, setting forth the factors and conditions to which such site plan approval will be subject. The developer's agreement shall be in a form satisfactory to the Township Attorney and Township Council and shall include but may not be limited to provisions relating to the following:
(1) 
The disposition of lands required to be set aside for public, semipublic and/or open space and outdoor recreation uses.
(2) 
The disposition of lands adjacent to a regional retail shopping project under the control of either the applicant or the property owner to assure compatibility with the activities of a regional retail shopping project.
(3) 
The phasing, financing and extent of off-tract traffic improvements.
(4) 
Public approvals and municipal and developer actions required to implement public infrastructure improvements such as public sewers and stormwater control.
(5) 
Payment of affordable housing obligation fees.
(6) 
The developer's obligation to maintain the project and comply with site plan approval conditions dealing with signage, building exteriors, landscaping, drainage, security, buffer areas and open spaces, trash removal and internal roadways.
(7) 
Cleanup of any environmentally contaminated area. The municipality shall not have any responsibility for cleanup or site remediation.
(8) 
Consideration of regional center impacts.
(9) 
Agreements to support fire and rescue squads.
[Added 12-17-2012 by Ord. No. 12-21]
A. 
Purpose. The purpose of this section is to establish regulations for the location and design of wireless communication facilities that recognize the need to balance the technical requirements of the wireless telecommunications industry with the Township's desire to minimize the visual and other adverse effects of such facilities. The section expresses a preference for locations on Township property acknowledging the ability of the Township to exert greater controls arising from ownership rights and a preference for the co-location of new wireless communication facilities on existing or approved wireless communication support structures that are in nonresidential areas.
B. 
Applicability. This section shall apply to all new wireless telecommunication facilities and to applications for co-location or for other expansions to existing approved wireless telecommunication facilities. An application for development to co-locate wireless communications equipment on a wireless communications support structure, including but not limited to a monopole, self-supporting lattice tower, guyed tower or utility pole or in an existing equipment compound, shall not be subject to site plan review provided the application meets the following requirements:
(1) 
The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority.
(2) 
The proposed co-location shall not increase:
(a) 
The overall height of the wireless communications support structure by more than 10% of the original height of the wireless communications support structure;
(b) 
The width of the wireless communications support structure; or
(c) 
The square footage of the existing equipment compound to an area greater than 2,500 square feet.
(3) 
The proposed co-location complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required or for which relief would be required pursuant to any other applicable law, rule or regulation.
(4) 
Documentation is provided to the Township Zoning Officer demonstrating that the above requirements are satisfied.
C. 
General requirements.
(1) 
Wireless telecommunications facilities including both support structures and wireless telecommunications equipment shall be considered a composite principal use and a composite principal structure.
(2) 
The location of wireless telecommunications facilities on a property with a conforming principal use shall not be considered to violate any zoning restriction limiting a lot to only one principal use and one principal structure.
(3) 
The location of wireless telecommunications facilities on a property developed with a nonconforming use shall be considered to constitute an expansion of the nonconforming use necessitating a variance under N.J.S.A. 40:55D-70d.
(4) 
The Planning Board and the Board of Adjustment shall have the ability in accordance with the Municipal Land Use Law[1] to engage experts to assist in the review of applications and to require that the applicant fund an escrow account to pay for such experts.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D. 
Wireless communication facilities as a permitted use.
(1) 
New wireless communications facilities and the co-location of such facilities shall be a permitted use on any property owned by the Township of Bridgewater.
E. 
Wireless communication facilities as a conditional use. Wireless communication facilities shall be allowed as a conditional use subject to the following:
(1) 
The wireless communications facilities are situated within any of the following primarily nonresidential zones: C-1, C-1A, C-2, C-2(BRC), C-3, C-3A, C-3B, C-4, C-5, C-6, GC, GCE, GCM, HEC, HIC, LC, M-1, M-1A, M-1B, M-1C, M-2, M-3, MPD, P, P-2, PRCPD and SED.
(2) 
The wireless communications support structure is at least 1,000 feet from a zoning district that is primarily residential. Zones considered primarily residential shall include, but not be limited to, the following: R-10, R-10A, R-10B, R-10.C, R-10.1, R-20, R-20.1, R-40, R-40A, R-40B, R-40C, R-40 PURD, R-40 MDU, R-40 MDU-1, R-50, R-MDU-5, R-MDU-6, R-MDU-8, R-MDU-10.5, SC/HD and SC/MD.
[Amended 7-15-2015 by Ord. No. 15-09; 5-16-2022 by Ord. No. 22-02]
(3) 
The applicant for a wireless telecommunications facility has submitted a list of eligible locations in the applicant's search area and has ranked the locations in accordance with the priorities in § 126-199.3A of the Township Land Use Ordinance.
F. 
Wireless telecommunication facilities prohibited.
(1) 
Wireless telecommunication facilities shall be prohibited in all zones other than the primarily nonresidential zones listed in Subsection E(1) above.
(2) 
Wireless telecommunication facilities shall be prohibited on any nonpublic property, or portion of such property or within any district designated by the Township as historic or on any property listed on the New Jersey State Register or the National Register of Historic Places.
G. 
Dimensional standards for wireless telecommunication facilities.
(1) 
Ground-mounted equipment shall be limited to a height of 12 feet above the existing grade and shall be no closer to side or rear property lines than the minimum setbacks applicable to accessory structures within the zone.
(2) 
Wireless support structures other than existing buildings shall be set back from the closest property line a distance equal to at least 120% of the height of the composite support structure and attached antennae measured from the highest point of the composite facility to the existing ground level at the base of the facility.
(3) 
Wireless telecommunication facilities shall not be located in required minimum front yard setback areas or closer to the front property line than the setback of the existing building, whichever is more restrictive.
(4) 
No signs shall be permitted except for signs two square feet or less in area that display owner contact information, safety warnings or instructions, and equipment information.
H. 
Use variance standards. When a proposed wireless telecommunication facility requires a use variance under N.J.S.A. 40:55D-70d, the Bridgewater Board of Adjustment shall take into account the following factors in determining whether the proposed site is particularly suited for the proposed use and whether the other statutory criteria have been satisfied in consideration of satisfying the application:
(1) 
The site location priorities in § 126-199.3A of this chapter have been considered.
(2) 
The proposed facility will fill the coverage gap in the least intrusive manner.
(3) 
The applicant has demonstrated a good faith effort to thoroughly investigate alternate sites, alternate technologies, and alternate designs such as stealth designs that minimize the aesthetic impacts to the surrounding area.
(4) 
Where a new wireless communication facility is proposed on a site already in use, the applicant has evaluated the effect of the new facility on the existing use. If the existing use is a legal nonconforming use, the applicant has evaluated the degree of intensification of such nonconforming use.
(5) 
The site and supporting structure design is capable of supporting more than one wireless carrier.
I. 
Abandoned facilities. The provider of wireless communication services shall inform the Township Zoning Officer of any wireless communication equipment or support structures under its control that have not been in continuous service for more than 12 months within 30 days of the twelve-month period whereupon the Township Zoning Officer shall declare such facility abandoned. In such instance, and in instances where the Township Zoning Officer has independently determined abandonment, the provider shall have the right to apply to the Bridgewater Board of Adjustment to demonstrate that the facility had not been abandoned. Upon a determination of abandonment by the Township Zoning Officer, the owner of the wireless communication facility shall remove such facility with 90 days and, if such removal does not occur within the mandated time period, the Township shall have the right to have the facility removed with the costs associated therewith charged to the property owner as a lien pursuant to Township ordinances and state law. The Township Zoning Officer may for good cause extend the time period for removal for up to one year.
J. 
Nonconforming structures and uses. Wireless communication facilities shall be subject to the provisions of Article XLVIII of the Land Use Ordinance concerning nonconforming uses and structures. Changes to approved wireless communication facilities that improve structural integrity or upgrade such facilities to current engineering, technological or telecommunication standards without substantially altering the visual impact of such facilities shall not constitute prohibited expansions or modifications of the nonconforming structure or use.
K. 
The requirements of this section shall not apply to wireless telecommunications facilities constructed on land owned by the municipality. The construction of said wireless telecommunications facilities shall still be subject to site plan review and approval by the Township Planning Board, as well as all other applicable local, state and federal ordinances, regulations and statutes.
[Added 8-17-2015 by Ord. No. 15-32]