[Ord. No. 581 § 12-1]
This Article of the Development Regulations Chapter of the Borough
of Bernardsville may be cited and referred to as the Zoning Regulations.
[Ord. No. 581 § 12-2.1; Ord. No. 801 § 4; Ord. No. 95-1041 § 2; Ord. No. 96-1057 § 1; Ord. No. 2002-1271; 10-13-2020 by Ord. No. 2020-1852]
For the purpose of this chapter, the Borough is hereby divided
into 16 districts known as:
a.
|
R-1
|
Residence District
|
b.
|
R-1A
|
Residence District
|
c.
|
R-2
|
Residence District
|
d.
|
R-3
|
Residence District
|
e.
|
R-4
|
Residence District
|
f.
|
R-5
|
Residence District
|
g.
|
R-8
|
Single-Family Attached Residence District
|
h.
|
R-10A
|
Multi-Family Housing District
|
i.
|
R-10B
|
Multi-Family Housing District
|
j.
|
D
|
Downtown District
|
k.
|
D-C
|
Downtown Core
|
l.
|
D-Co
|
Downtown Corridor Subdistrict
|
m.
|
D-Cl
|
Downtown Claremont Road Subdistrict
|
n.
|
D-G
|
Downtown Gateway Subdistrict
|
o.
|
I
|
Industrial District
|
p.
|
I-2
|
Light Industrial District
|
q.
|
R-1-10
|
Residence District
|
r.
|
R-3A
|
Residence Overlay District [Added 11-22-2021 by Ord. No. 2021-1901]
|
s.
|
AHO-3
|
Affordable Housing Overlay-3 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
t.
|
AHO-4
|
Affordable Housing Overlay-4 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
u.
|
AH-1
|
Affordable Housing-1 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
v
|
AH-2
|
Affordable Housing-2 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
w.
|
AH-3
|
Affordable Housing-3 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
x.
|
AH-4
|
Affordable Housing-4 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
y.
|
AH-5
|
Affordable Housing-5 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
z.
|
AH-6
|
Affordable Housing-6 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
aa.
|
AH-7
|
Affordable Housing-7 [Added 6-27-2022 by Ord.
No. 2022-1918]
|
[Ord. No. 2018-1778;Ord. No. 2002-1271§ 2 ]
The boundaries of the designated zones and districts are shown
upon the map designated "Zoning Map of the Borough of Bernardsville,
Version 1.1" prepared by P. David Zimmerman and dated February 14,
2002 which is incorporated herein by reference. The zoning map which
is part of this Article shall be filed in the office of the Borough
Clerk, and all notations, references and other information shown thereon
are a part of this Article and shall have the same force and effect
as if the said zoning map and all such notations, references and other
information shown thereon were fully set forth or described herein.
a. Zoning Map Amendments.
1. Pursuant to Ordinance No. 2014-1655, the Zoning Map is amended and
redrafted according to the attached map section of the Zoning Map.
(The map referred to in Ord. No. 2014-1655 is on file in the Borough
Offices.)
[Ord. No. 2014-1655]
2. The Zoning Map is amended to change the designation of Block 71,
Lots 4, 5, 5.01 and 6-11 fronting on Quimby Lane (west side) to AHO-3
Affordable Housing Overlay in addition to its zoning designation of
B-1 Business District.
[Ord. No. 2018-1772]
3. The Zoning Map is amended to change the destination of Block 100,
Lots 2 and 2.23-2.49 and Block 145, Lots 1 and 2, Quarry site to AHO-4
Affordable Housing Overlay 4 in addition to its zoning designation
of I Industrial District.
[Ord. No. 2018-1772]
4. The Zoning Map of the Borough of Bernardsville is amended to change
the designation of Block 62, Lot 2 fronting on Childs Road to AH-1
Affordable Housing 1 from OB Office Zone District.
[Ord. No. 2018-1772]
5. The Zoning Map of the Borough of Bernardsville is amended to change
the zoning designation of Block 125, Lot 25 fronting on North Finley
Avenue to AH-2 Affordable Housing District from R-3 Residence District.
[Ord. No. 2018-1772]
6. The Zoning Map of the Borough of Bernardsville is amended to change
the designation of Block 80, Lot 15.38 municipal property fronting
on Mine Brook Road to AH-3 from R-10A Multi-Family Housing District.
[Ord. No. 2018-1772]
7. The Zoning Map of the Borough of Bernardsville is amended to change
the designation of Block 80, Lot 59 fronting on Mine Brook Rd. to
AH-4 Affordable Housing from R-4 Residence District.
[Ord. No. 2018-1772]
8. The Zoning Map of the Borough of Bernardsville is amended to change
the designation of Block 115, Lots 1 & 2 fronting on Pine Street/Kiwanis
Field to AH-5 from R-4 Single-Family Housing District.
[Ord. No. 2018-1772]
9. The Zoning Map of the Borough of Bernardsville is amended to change
the zoning designation of Block 125, Lot 25 fronting on North Finley
Avenue to AH-2 Affordable Housing District from R-3 Residence District.
10. The Map is amended to change the designation of Lots 21 and 22 in
Block 111, Lots 11 and 11.01 in Block 112, Lots 13, 14 and 15 in Block
113 and Lots 1.01, 15, 15.01 and 16 in Block 114 from R-4 Residence
District to R-5 Residence District.
[Added 2-24-2020 by Ord. No. 2020-1831]
11. The Redevelopment Plan titled "Redevelopment Plan 65 Morristown Road
Block 124 Lot 13 Bernardsville" is hereby adopted. The zoning district
map is amended to include the property per the boundaries described
in the Redevelopment Plan and the provisions thereon.
[Added 7-13-2020 by Ord. No. 2020-1844]
12. The Zoning Map is amended to delete reference to the B-1, O-B, C-1
and H-D Districts to be replaced with a new Downtown District with
four subdistricts D-C, D-Co, D-Cl, and D-G as identified in the amended
zoning map Appendix 1 attached hereto.
[Added 10-13-2020 by Ord. No. 2020-1852]
13. The Redevelopment Plan titled "Quimby Lane Redevelopment Plan" dated
September 4, 2020 is hereby adopted. The zoning district map is hereby
amended to include the property per the boundaries described in the
Redevelopment Plan and the provisions thereon.
[Added 10-13-2020 by Ord. No. 2020-1854]
14. Zoning Map is hereby amended to create the R-3A Residence Overly
District which shall encompass property located at 207 North Finley
Avenue further identified by Borough of Bernardsville tax records
as Block 140 Lot 9.
[Added 11-22-2021 by Ord. No. 2021-1901]
15. The Zoning Map is hereby amended to add the new zones AH-6 and AH-7
as follows: Block 124, Lot 1 is hereby rezoned from D-CO to AH-6,
and Block 102, Lot 12 is hereby rezoned from R-5 to AH-7
[Added 6-27-2022 by Ord. No. 2022-1918]
16. The Zoning Map is amended to change the designation of Block 41,
Lot 2, from D-Cl Downtown Claremont Road to R- 5 Residential.
[Added 7-11-2022 by Ord. No. 2022-1923]
17. The zoning district map amended to include the property per the boundaries
described the Redevelopment Plan titled "Amendment to Quimby Lane
Redevelopment Plan ( Block 71, Lot 6)."
[Added 12-12-2022 by Ord. No. 2022-1936]
18. The Zoning Map is amended to change the boundary line between zone
district R-1 and R-2 so that all of Block 28, Lot 46.01 is zoned R-2
residential.
[Added 1-23-2023 by Ord. No. 2023-1941]
19. The Zoning Map is amended to change the boundary line between zone
district R-1 and R-2 so that all of Block 23, Lot 15 is zoned R-2
residential.
[Added 2-13-2023 by Ord. No. 2023-1942]
[Ord. No. 581 § 12-2.3]
a. The distance or bearing or both shown on the map for any zone district
boundary line shall determine and govern the location of such boundary
lines.
b. Where no distance or bearing is expressly stated on the map, the
zone district boundary lines are municipal boundary lines, center
lines of streets, existing lot and tract lines and other expressly
delineated boundary lines, as the same are indicated on the map.
c. Where no express distance is shown nor boundary line indicated in accordance with Subsection
b of this subsection, the depth of zone districts shall be deemed to be the distance from the nearest parallel street right-of-way line as regulated in the following schedule:
R-1
|
625 feet
|
R-1A
|
500 feet
|
R-2
|
250 feet
|
R-3
|
200 feet
|
R-4
|
150 feet
|
R-5
|
100 feet
|
B-1
|
150 feet
|
O-B
|
200 feet
|
C-1
|
200 feet
|
No building or structure or part thereof shall be placed, erected,
constructed, reconstructed, structurally altered, added to, moved,
removed or razed, nor any of such works commenced until a permit therefor
has been first obtained from the Construction Official upon application
made to him.
Before commencing to place, erect, construct, reconstruct, structurally
alter, add to, move, remove, or raze any building or structure or
any portion thereof, the owner or lessee thereof or the agent of either
of them shall file with the Building Subcode Official an application
in triplicate for a building permit on forms to be supplied by the
Building Subcode Official. Such application shall state the intended
use or disposition to be made of the building or structure and contain
all pertinent information necessary for the Building Subcode Official
to determine whether the proposed use or disposition will be in conformity
with the provisions of this chapter. The application shall be accompanied
by detailed plans drawn to scale and a plot plan drawn to scale, the
established building lines within the block, and such other information
as may be necessary or desirable to provide for the enforcement of
this chapter. All plans and plot plans shall be signed by a duly licensed
architect of the State of New Jersey, or a licensed professional engineer,
or the owner, if the owner actually prepared the plans and files an
affidavit to that effect in accordance with law.
No building permit shall be issued for the placing, erection,
construction, reconstruction, structural alteration, addition to,
moving, removal or razing of a building or structure unless the application
and plans and intended use or disposition of the building or structure
indicate that such building or structure is designed and intended
to conform in all respects to the provisions of this chapter. In any
case wherein the Building Subcode Official shall deem this chapter
violated, he shall not issue such permit except upon the written order
of the Board of Adjustment or other lawful authority.
[Ord. No. 581 § 12-3]
Fees for building permits shall be paid at the time of the filing
of the application in accordance with the schedule provided in the
Building Ordinance and Building Code of the Borough, and any amendments
thereof or supplements thereto.
[Ord. No. 2015-1695; Ord. No. 2017-1755 § 2]
a. No construction, reconstruction, alteration, conversion or installation of a structure, building, fence, patio, driveway, or other impervious surface, establishment of or change of use shall be undertaken unless and until a Zoning Permit is obtained from the Zoning Officer. Zoning permits shall hereafter be secured from the Zoning Officer prior to the issuance of a building permit for the construction, erection, moving or alteration of a structure, fence or sign or part of a structure or upon a change in the use as defined by the Uniform Construction Code. No tree removal permit shall be issued pursuant to Subsection
13-7.1 of the Borough Code until after a zoning permit is issued, if one is required pursuant to this section.
[Ord. No. 2017-1755 § 2]
b. No Zoning Permit shall be issued until all delinquent and current
real property taxes or other Borough assessments for local improvements
have been paid in full for the property subject to the Zoning Permit.
c. Application for Zoning Permits shall be submitted to the Zoning Officer
using the standard form provided by the Zoning Officer. The application
shall include the appropriate Zoning Permit application fee and two
copies of a survey or plot plan. The survey/plot plan must be drawn
to scale and must show the entire property; locations and uses of
all existing structures; any existing wetlands, floodplain, easements
or other restrictions; locations, dimensions and height of all proposed
structures/improvements; proposed setback dimensions to property lines
and adjacent structures; calculations of existing and proposed lot
coverage; and any other information deemed necessary by the Zoning
Enforcement Officer in order to determine compliance with the provisions
of this chapter. For fences, walls, sheds, signs and other structures,
graphic details (e.g. construction plans, sketches, catalog photo
or brochure) must accompany the application.
d. The fee for all Zoning Permit applications shall be $100.
It shall be unlawful to use or occupy or permit the use or occupancy
of any building or structure, in whole or in part, for any purpose
whatsoever after placing, erecting, constructing, reconstructing,
structurally altering, adding to, or moving the same without first
obtaining a Certificate of Occupancy from the Building Subcode Official
stating that the premises or building and the use thereof comply with
all the provisions of this chapter.
In residential zone districts, any change of residential occupancy
in a building or structure consistent with the last issued Certificate
of Occupancy shall not require a new Certificate of Occupancy; however,
any change in nonresidential occupancy in the zone districts in building
or structure shall not be effected unless a new Certificate of Occupancy
is secured. In nonresidential zone districts it shall be unlawful
to use or occupy, or permit the use or occupancy of any building or
structure, in whole or in part, for any purpose whatsoever after the
ownership or right of occupancy thereof has changed, without first
obtaining a Certificate of Occupancy from the Building Subcode Official,
except that changes in occupancy related solely to residential uses
consistent with the last issued Certificate of Occupancy shall not
require a new Certificate of Occupancy.
A Certificate of Occupancy shall be required for any change
of use of any building or structure, land or premises including any
change of use under a special exception or variance.
No change, alteration, extension or enlargement of a nonconforming
use of any building, structure, land or premises shall be made unless
and until a Certificate of Occupancy has been first issued by the
Building Subcode Official indicating that such alteration or extension
is in conformity with the provisions of this chapter.
The Certificate of Occupancy shall be issued by the Building
Subcode Official after application therefore by the owner or his authorized
agent in triplicate, on forms to be supplied by the Building Subcode
Official. Such applications shall contain all pertinent information
necessary for the Building Subcode Official to determine whether said
building or structure or land and use thereof are in conformity with
this chapter. Where subdivisions or site plans are involved, no Certificate
of Occupancy shall issue unless a fully executed Certificate of Compliance
relative to same has been filed with the office of the Building Subcode
Official.
The Certificate of Occupancy shall be issued to the owner, who
shall be primarily responsible for any violation of this chapter where
committed with his knowledge, but all persons who cause a violation
or who do not comply with the provisions of this chapter shall be
guilty of a violation hereof.
No Certificates of Occupancy shall be issued for any use in
violation of this chapter or not in conformity with this chapter,
unless and until a variance shall be granted by the Approving Authority.
[Ord. No. 581 § 12-4]
Fees for Certificates of Occupancy shall be paid at the time
of the filing of the application in accordance with the schedule provided
in the Building Ordinance and Building Code of the Borough, and any
amendments thereof or supplements thereto.
[Ord. No. 581 § 12-5.1; Ord. No. 94-944 § 2; Ord. No. 96-1074 § 1; Ord. No. 99-1167 § 2; Ord. No. 2001-1260 § 2]
This zone district is designed for single family residential
use but permits:
a. Private garages conforming to Subsection 12-23.3.
b. Local municipal public buildings and uses.
c. Farming and truck gardening. No building nor other shelter for keeping
of any farm animal or fowl shall be permitted closer to any street
than 300 feet nor closer to any other property line than 100 feet.
d. Parking and facilities in accordance with § 9-10 of this chapter.
e. Signs conforming to Subsection 12-23.14 of this chapter.
f. Other accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this Article.
g. Conditional Uses pursuant to § 12-25, limited to the following:
1. Open Space Residential Development;
5. Caretaker's Accessory Apartments.
6. Accessory Dwelling Unit, Detached.
h. Not more than one principal building on a lot.
[Ord. No. 581 § 12-5.2]
Any use other than those uses listed in Subsection
12-5.1 is prohibited.
[Ord. No. 581 § 12-5.3; Ord. No. 93-970 § 1; Ord. No. 97-1094 § 1; Ord. No. 2000-1210 §§ 3,
4; Ord. No. 2002-1274 §§ 7,
8; Ord. No. 2009-1508 § 1]
The following requirements must be complied with in the R-1
Residence District:
a. Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
b. Front Yard. There shall be a front yard of not less than 125 feet,
except that where the existing buildings on the same side of the street
and within 700 feet from each side line, exclusive of streets or private
roads, form an irregular setback line, new buildings may conform to
the average of such irregular setback lines, provided that no new
building may project closer than 100 feet to the street or road property
line nor need setback more than 125 feet from the property line. A
less than required setback line for an existing principal building
may be extended laterally along the line, provided that the front
yard toward the street property line is not further encroached upon
and that the side line requirements are observed.
c. Side Yards. There shall be two side yards, and no side yard shall
be less than 75 feet. These requirements shall apply for a new building
and for an alteration to an existing building. Additions to dwellings
with insufficient side yard setbacks, existing on April 21, 1997,
shall be permitted if the dwelling is set back at least 40 feet from
the side property line and if the addition is no closer to the side
property line than the existing structure.
d. Rear Yards. There shall be a rear yard of at least 100 feet. This
requirement shall apply for a new building and for an alteration to
an existing building.
e. Access Corridor. No lot shall have a street frontage of less than
50 feet. The width of any corridor providing access to a street shall
be at least 50 feet at all points.
f. Driveway Position. No portion of any driveway hereafter constructed
shall be within 10 feet of a lot line of an adjacent property.
g. Minimum Lot Area. The minimum lot area is 218,750 square feet.
h. Lot Shape. It must be possible to fit a circle with a diameter of
350 feet completely within the lot.
i. Building Envelope. The building envelope shall exclude areas located
within flood plains, wetlands and wetland buffers, except as may be
approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
j. Surface Disturbance. Disturbance of land containing slopes over 15%
shall be limited as per the following table, based on ten-foot contour
intervals, as shown on a grading plan. The ten-foot contour intervals
utilized to establish these categories should be those which result
in the greatest slope, rather than simply using those contours which
are multiples of 10.
|
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15 - 24.99%
|
20%
|
1,000
|
25 - 29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
1. Exemptions. The following are exempt from the above slope disturbance
limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning
septic systems and alterations to septic systems (including the relocation
of the field and/or tank and/or other related facilities), on lots
which are not subject to a lot development plan for other reasons
(such as new buildings, additions, or other significant land disturbance),
and which are not for the purpose of expanding in order to accommodate
additional bedrooms, subject to the following conditions, to the satisfaction
of the Health Department:
(1) Septic system repairs/alterations with no expansion
of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional
bedrooms; and
(2) The slope area to be disturbed is the minimum amount
possible to complete the alteration; and
(3) The design engineer certifies on the plan that
there is no practicable alternative for the placement of the system
on the property that disturbs no steep slope areas; and
(4) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
(5) The design engineer shall submit photos prior to
disturbance and after completion, along with a certification that
the limits of disturbance and grading were completed in accordance
with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground
lines (sewer laterals, water service, other utility lines) servicing
existing buildings, subject to the following conditions:
(1) The trench into which the utility line is placed
shall be no wider than necessary to comply with the United States
Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2) Temporary disturbance, such as temporary construction
clearing or temporary storage of dirt or equipment, shall be the minimum
size necessary; and
(3) The activities shall not cause any change in preconstruction
elevation of the steep slope area; and
(4) Backfill the uppermost six inches of any excavation
with the original topsoil material; and
(5) The disturbed area shall be replanted with indigenous
plants;
(6) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
k. Minimum Floor Area. Every dwelling hereafter erected shall have a
minimum floor area excluding garages of 1,500 square feet.
l. Additional Requirements. For additional requirements relating to
floor area, impervious coverage and front setback modification, see
Subsection 12-23.19.
[Ord. No. 581 § 12-6.1; Ord. No. 2001-1260 § 3; Ord. No. 2005-1390 § 1]
This zone district is designed for single family residential
use but permits any use as permitted and regulated in R-1 Residence
District, including conditional uses pursuant to § 12-25 limited
to the following:
a. Open Space Residential Development;
e. Cellular towers as secondary uses on municipal properties in the
R-1A District only.
[Ord. No. 581 § 12-6.2]
Any use other than those permitted in Subsection
12-5.1 is prohibited.
[Ord. No. 581 § 12-6.3; Ord. No. 93-970; Ord. No.
97-1094 § 2; Ord. No.
2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]
The following requirements must be complied with in the R-1A
Residence District.
a. Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height whichever is the lesser.
b. Front Yard. There shall be a front yard of not less than 100 feet,
except that where the existing buildings on the same side of the street
and within 825 feet from each side line, exclusive of streets or private
roads, form an irregular setback line, new buildings may conform to
the average of such irregular setback lines, provided that no new
building may project closer than 75 feet to the street or road property
line. A less than required setback line, for an existing principal
building may be extended laterally along the line, provided that the
front yard toward the street property line is not further encroached
upon and that the side line requirements are observed.
c. Side Yards. There shall be two side yards, and no side yard shall
be less than 50 feet. These requirements shall apply for a new building
and for an alteration to an existing building. Additions to dwellings
with insufficient side yard setbacks, existing on April 21, 1997,
shall be permitted if the dwelling is set back at least 30 feet from
the side property line and if the addition is no closer to the side
property line than the existing structure.
d. Rear Yard. There shall be a rear yard of at least 100 feet. This
requirement shall apply for a new building and for an alteration to
an existing building.
e. Access Corridor. No lot shall have a street frontage of less than
50 feet. The width of any corridor providing access to a street shall
be at least 50 feet at all points.
f. Driveway Position. No portion of any driveway hereafter constructed
shall be within 10 feet of a lot line of an adjacent property.
g. Minimum Lot Area. The minimum lot area is 137,500 square feet.
h. Lot Shape. It must be possible to fit a circle with a diameter of
275 feet completely within the lot.
i. Building Envelope. The building envelope shall exclude areas located
within flood plains, wetlands and wetland buffers, except as may be
approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
j. Surface Disturbance. Disturbance of land containing slopes over 15%
shall be limited as per the following table, based on ten-foot contour
intervals, as shown on a grading plan. The ten-foot contour intervals
utilized to establish these categories should be those which result
in the greatest slope, rather than simply using those contours which
are multiples of 10.
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15 - 24.99%
|
20%
|
1,000
|
25 - 29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
1. Exemptions. The following are exempt from the above slope disturbance
limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning
septic systems and alterations to septic systems (including the relocation
of the field and/or tank and/or other related facilities), on lots
which are not subject to a lot development plan for other reasons
(such as new buildings, additions, or other significant land disturbance),
and which are not for the purpose of expanding in order to accommodate
additional bedrooms, subject to the following conditions, to the satisfaction
of the Health Department:
(1) Septic system repairs/alterations with no expansion
of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional
bedrooms; and
(2) The slope area to be disturbed is the minimum amount
possible to complete the alteration; and
(3) The design engineer certifies on the plan that
there is no practicable alternative for the placement of the system
on the property that disturbs no steep slope areas; and
(4) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
(5) The design engineer shall submit photos prior to
disturbance and after completion, along with a certification that
the limits of disturbance and grading were completed in accordance
with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground
lines (sewer laterals, water service, other utility lines) servicing
existing buildings, subject to the following conditions:
(1) The trench into which the utility line is placed
shall be no wider than necessary to comply with the United States
Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2) Temporary disturbance, such as temporary construction
clearing or temporary storage of dirt or equipment, shall be the minimum
size necessary; and
(3) The activities shall not cause any change in preconstruction
elevation of the steep slope area; and
(4) Backfill the uppermost six inches of any excavation
with the original topsoil material; and
(5) The disturbed area shall be replanted with indigenous
plants;
(6) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
k. Minimum Floor Area. Every dwelling hereafter erected shall have a
minimum floor area excluding garages of 1,350 square feet.
l. Additional Requirements. For additional requirements relating to
floor area, impervious coverage and front setback modification, see
Subsection 12-23.19.
[Ord. No. 581 § 12-7.1]
This zone district is designed for single family residential
use but permits any use as permitted and regulated in the R-1 Residence
District, except that conditional uses shall be limited to:
a. Open space residential development.
[Ord. No. 581 § 12-7.2]
Any use other than those permitted in Subsection
12-5.1 is prohibited.
[Ord. No. 581 § 12-7.3; Ord. No. 93-970 § 3; Ord. No. 97-1094 § 3; Ord. No. 2000-1210 §§ 3,
4; Ord. No. 2002-1274 §§ 7,
8; Ord. No. 2009-1508 § 1]
The following requirements must be complied with in the R-2
Residence District:
a. Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
b. Front Yard. There shall be a front yard of not less than 75 feet,
except that where the existing buildings on the same side of the street
and within 600 feet from each side line, exclusive of streets or private
roads, form an irregular setback line, new buildings may conform to
the average of such irregular setback lines, provided that no new
building may project closer than 50 feet to the street or road property
line nor need setback more than 75 feet from the property line. A
less than required setback line for an existing principal building
may be extended laterally along the line, provided that the front
yard toward the street property line is not further encroached upon
and that the side line requirements are observed.
c. Side Yards. There shall be two side yards, and no side yard shall
be less than 30 feet. These requirements shall apply for a new building
and for an alteration to an existing building. Additions to dwellings
with insufficient side yard setbacks, existing on April 21, 1997,
shall be permitted if the dwelling is set back at least 20 feet from
the side property line and if the addition is no closer to the side
property line than the existing structure.
d. Rear Yard. There shall be a rear yard of at least 50 feet. This requirement
shall apply for a new building and for an alteration to an existing
building.
e. Access Corridor. No lot shall have a street frontage of less than
50 feet. The width of any corridor providing access to a street shall
be at least 50 feet at all points.
f. Driveway Position. No portion of any driveway hereafter constructed
shall be within 10 feet of an adjacent lot line.
g. Minimum Lot Area. The minimum lot area is 50,000 square feet.
h. Lot Shape. It must be possible to fit a circle with a diameter of
170 feet completely within the lot.
i. Building Envelope. The building envelope shall exclude areas located
within flood plains, wetlands and wetland buffers, except as may be
approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
j. Surface Disturbance. Disturbance of land containing slopes over 15%
shall be limited as per the following table, based on ten-foot contour
intervals, as shown on a grading plan. The ten-foot contour intervals
utilized to establish these categories should be those which result
in the greatest slope, rather than simply using those contours which
are multiples of 10.
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15 - 24.99%
|
20%
|
1,000
|
25 - 29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
1. Exemptions. The following are exempt from the above slope disturbance
limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning
septic systems and alterations to septic systems (including the relocation
of the field and/or tank and/or other related facilities), on lots
which are not subject to a lot development plan for other reasons
(such as new buildings, additions, or other significant land disturbance),
and which are not for the purpose of expanding in order to accommodate
additional bedrooms, subject to the following conditions, to the satisfaction
of the Health Department:
(1) Septic system repairs/alterations with no expansion
of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional
bedrooms; and
(2) The slope area to be disturbed is the minimum amount
possible to complete the alteration; and
(3) The design engineer certifies on the plan that
there is no practicable alternative for the placement of the system
on the property that disturbs no steep slope areas; and
(4) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
(5) The design engineer shall submit photos prior to
disturbance and after completion, along with a certification that
the limits of disturbance and grading were completed in accordance
with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground
lines (sewer laterals, water service, other utility lines) servicing
existing buildings, subject to the following conditions:
(1) The trench into which the utility line is placed
shall be no wider than necessary to comply with the United States
Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2) Temporary disturbance, such as temporary construction
clearing or temporary storage of dirt or equipment, shall be the minimum
size necessary; and
(3) The activities shall not cause any change in preconstruction
elevation of the steep slope area; and
(4) Backfill the uppermost six inches of any excavation
with the original topsoil material; and
(5) The disturbed area shall be replanted with indigenous
plants;
(6) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
k. Minimum Floor Area. Every dwelling hereafter erected shall have a
minimum floor area excluding garages of 1,200 square feet.
l. Additional Requirements. For additional requirements relating to
floor area, impervious coverage and front setback modification, see
Subsection 12-23.19.
[Ord. No. 581 § 12-8.1]
This zone district is designed for single family residential
use but also permits any use as permitted and regulated in the R-1
Residence District, except that conditional uses shall be limited
to:
[Ord. No. 581 § 12-8.2]
Any use other than those listed in Subsection
12-5.1 is prohibited.
[Ord. No. 581 § 12-8.3; Ord. No. 93-970 § 4; Ord. No. 97-1094 § 4; Ord. No. 2000-1210 §§ 3,
4; Ord. No. 2002-1274 §§ 7,
8; Ord. No. 2009-1508 § 1]
The following requirements must be complied with in the R-3
District:
a. Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
b. Front Yard. There shall be a front yard of not less than 50 feet,
except that where the existing buildings on the same side of the street
and within 300 feet from each side line, exclusive of streets or private
roads, form an irregular setback line, new buildings may conform to
the average of such irregular setback lines, provided that no new
building may project closer than 40 feet to the street or road property
line nor need set back more than 50 feet from the property line. A
less than required setback line for an existing principal building
may be extended laterally along the line provided that the front yard
toward the street property line is not further encroached upon and
that the side line requirements are observed.
c. Side Yards. There shall be two side yards, and no side yard shall
be less than 15 feet. These requirements shall apply for a new building
and for an alteration to an existing building.
d. Rear Yard. There shall be a rear yard of at least 50 feet. This requirement
shall apply for a new building and for an alteration to an existing
building.
e. Access Corridor. No lot shall have a street frontage of less than
50 feet. The width of any corridor providing access to a street shall
be at least 50 feet at all points.
f. Driveway Position. No portion of any driveway hereafter constructed
shall be within 10 feet of an adjacent lot line.
g. Minimum Lot Area. The minimum lot area is 20,000 square feet.
h. Lot Shape. It must be possible to fit a circle with a diameter of
100 feet completely within the lot.
i. Building Envelope. The building envelope shall exclude areas located
within flood plains, wetlands and wetland buffers, except as may be
approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
j. Surface Disturbance. Disturbance of land containing slopes over 15%
shall be limited as per the following table, based on ten-foot contour
intervals, as shown on a grading plan. The ten-foot contour intervals
utilized to establish these categories should be those which result
in the greatest slope, rather than simply using those contours which
are multiples of 10.
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15 - 24.99%
|
20%
|
1,000
|
25 - 29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
1. Exemptions. The following are exempt from the above slope disturbance
limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning
septic systems and alterations to septic systems (including the relocation
of the field and/or tank and/or other related facilities), on lots
which are not subject to a lot development plan for other reasons
(such as new buildings, additions, or other significant land disturbance),
and which are not for the purpose of expanding in order to accommodate
additional bedrooms, subject to the following conditions, to the satisfaction
of the Health Department:
(1) Septic system repairs/alterations with no expansion
of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional
bedrooms; and
(2) The slope area to be disturbed is the minimum amount
possible to complete the alteration; and
(3) The design engineer certifies on the plan that
there is no practicable alternative for the placement of the system
on the property that disturbs no steep slope areas; and
(4) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
(5) The design engineer shall submit photos prior to
disturbance and after completion, along with a certification that
the limits of disturbance and grading were completed in accordance
with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground
lines (sewer laterals, water service, other utility lines) servicing
existing buildings, subject to the following conditions:
(1) The trench into which the utility line is placed
shall be no wider than necessary to comply with the United States
Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2) Temporary disturbance, such as temporary construction
clearing or temporary storage of dirt or equipment, shall be the minimum
size necessary; and
(3) The activities shall not cause any change in preconstruction
elevation of the steep slope area; and
(4) Backfill the uppermost six inches of any excavation
with the original topsoil material; and
(5) The disturbed area shall be replanted with indigenous
plants;
(6) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
k. Minimum Floor Area. Every dwelling hereafter erected shall have a
minimum floor area excluding garages of 1,000 square feet.
l. Additional Requirements. For additional requirements relating to
floor area, impervious coverage and front setback modification, see
Subsection 12-23.19.
[Ord. No. 581 § 12-9.1]
This zone district is designed for single family residential
use but also permits any use as permitted and regulated in the R-1
Residence District, except that conditional uses shall be limited
to:
[Ord. No. 581 § 12-9.2]
Any use other than those listed in Subsection
12-5.1 is prohibited.
[Ord. No. 581 § 12-9.3; Ord. No. 93-970 § 5; Ord. No. 97-1094 § 5; Ord. No. 2000-1210 §§ 3,
4; Ord. No. 2002-1274 §§ 7,
8; Ord. No. 2009-1508 § 1]
The following requirements must be complied with in the R-4
District.
a. Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
b. Front Yard. There shall be a front yard of not less than 40 feet,
except that where the existing buildings on the same side of the street
and within 300 feet from each side line, exclusive of streets or private
roads, form an irregular setback line, new buildings may conform to
the average of such irregular setback lines, provided that no new
building may project closer than 30 feet to the street or road property
line nor need setback more than 40 feet from the property line. A
less than required setback line for an existing principal building
may be extended laterally along the line, provided that the front
yard toward the street property line is not further encroached upon
and that the side line requirements are observed.
c. Side Yards. There shall be two side yards, and no side yard shall
be less than 10 feet. These requirements shall apply for a new building
and for an alteration to an existing building. Additions to dwellings
with insufficient side yard setbacks, existing on April 21, 1997,
shall be permitted if the dwelling is set back at least eight feet
from the side property line and if the addition is no closer to the
side property line than the existing structure.
d. Rear Yard. There shall be a rear yard of at least 40 feet. This requirement
shall apply for a new building and for an alteration to an existing
building.
e. Access Corridor. No lot shall have a street frontage of less than
50 feet. The width of any corridor providing access to a street shall
be at least 50 feet at all points.
f. Driveway Position. No portion of any driveway hereafter constructed
shall be within eight feet of a lot line of an adjacent property.
g. Minimum Lot Area. The minimum lot area is 11,250 square feet.
h. Lot Shape. It must be possible to fit a circle with a diameter of
75 feet completely within the lot.
i. Building Envelope. The building envelope shall exclude areas located
within flood plains, wetlands and wetland buffers, except as may be
approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
j. Surface Disturbance. Disturbance of land containing slopes over 15%
shall be limited as per the following table, based on ten-foot contour
intervals, as shown on a grading plan. The ten-foot contour intervals
utilized to establish these categories should be those which result
in the greatest slope, rather than simply using those contours which
are multiples of 10.
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15 - 24.99%
|
20%
|
1,000
|
25 - 29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
1. Exemptions. The following are exempt from the above slope disturbance
limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning
septic systems and alterations to septic systems (including the relocation
of the field and/or tank and/or other related facilities), on lots
which are not subject to a lot development plan for other reasons
(such as new buildings, additions, or other significant land disturbance),
and which are not for the purpose of expanding in order to accommodate
additional bedrooms, subject to the following conditions, to the satisfaction
of the Health Department:
(1) Septic system repairs/alterations with no expansion
of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional
bedrooms; and
(2) The slope area to be disturbed is the minimum amount
possible to complete the alteration; and
(3) The design engineer certifies on the plan that
there is no practicable alternative for the placement of the system
on the property that disturbs no steep slope areas; and
(4) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
(5) The design engineer shall submit photos prior to
disturbance and after completion, along with a certification that
the limits of disturbance and grading were completed in accordance
with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground
lines (sewer laterals, water service, other utility lines) servicing
existing buildings, subject to the following conditions:
(1) The trench into which the utility line is placed
shall be no wider than necessary to comply with the United States
Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2) Temporary disturbance, such as temporary construction
clearing or temporary storage of dirt or equipment, shall be the minimum
size necessary; and
(3) The activities shall not cause any change in preconstruction
elevation of the steep slope area; and
(4) Backfill the uppermost six inches of any excavation
with the original topsoil material; and
(5) The disturbed area shall be replanted with indigenous
plants;
(6) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
k. Minimum Floor Area. Every dwelling hereafter erected shall have a
minimum floor area excluding garages of 1,000 square feet.
l. Additional Requirements. For additional requirements relating to
floor area, impervious coverage and front setback modification, see
Subsection 12-23.19.
[Ord. No. 581 § 12-10.1]
This zone district is designed for single family residential
use but also permits any use as permitted and regulated in the R-1
Residence District, except that conditional uses shall be:
d. Single Family Attached Residential Units.
[Ord. No. 581 § 12-10.2]
Any use other than those listed in Subsection
12-5.1 is prohibited.
[Ord. No. 581 § 12-10.3; Ord. No. 93-970 § 6; Ord. No. 97-1094 § 6; Ord. No. 2000-1210 §§ 3,
4; Ord. No. 2002-1274 §§ 7,
8; Ord. No. 2009-1508 § 1]
The following requirements must be complied with in the R-5
Residence District.
a. Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
b. Front Yard. There shall be a front yard of not less than 30 feet,
except that where the existing buildings on the same side of the street
and within 200 feet from each side line, exclusive of streets or private
roads, form an irregular setback line, new buildings may conform to
the average of such irregular setback lines, provided that no new
building may project closer than 20 feet from the property line. A
less than required setback line for an existing principal building
may be extended laterally along said line, provided that the front
yard toward the street property line is not further encroached upon
and that the side line requirements are observed.
c. Side Yards. There shall be two side yards, and no side yard shall
be less than seven feet, provided. These requirements shall apply
for a new building and for an alteration to an existing building.
Additions to dwellings with insufficient side yard setbacks, existing
on April 21, 1997, shall be permitted if the dwelling is set back
at least six feet from the side property line and if the addition
is no closer to the side property line than the existing structure.
d. Rear Yard. There shall be a rear yard of at least 25 feet. This requirement
shall apply for a new building and for an alteration to an existing
building.
e. Lot Width. No lot shall have a street frontage of less than 50 feet.
The width of the lot shall be at least 50 feet at all points.
f. Minimum Lot Area. The minimum lot area is 5,000 square feet.
g. Lot Shape. It must be possible to fit a circle with a diameter of
50 feet completely within the lot.
h. Building Envelope. The building envelope shall exclude areas located
within flood plains, wetlands and wetland buffers, except as may be
approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
i. Surface Disturbance. Disturbance of land containing slopes over 15%
shall be limited as per the following table, based on ten-foot contour
intervals, as shown on a grading plan. The ten-foot contour intervals
utilized to establish these categories should be those which result
in the greatest slope, rather than simply using those contours which
are multiples of 10.
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15 - 24.99%
|
20%
|
1,000
|
25 - 29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
j. Minimum Floor Area. Every dwelling hereafter erected shall have a
minimum floor area excluding garages of 800 square feet.
1.
Exemptions. The following are exempt from the above slope disturbance
limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning
septic systems and alterations to septic systems (including the relocation
of the field and/or tank and/or other related facilities), on lots
which are not subject to a lot development plan for other reasons
(such as new buildings, additions, or other significant land disturbance),
and which are not for the purpose of expanding in order to accommodate
additional bedrooms, subject to the following conditions, to the satisfaction
of the Health Department:
(1) Septic system repairs/alterations with no expansion
of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional
bedrooms; and
(2) The slope area to be disturbed is the minimum amount
possible to complete the alteration; and
(3) The design engineer certifies on the plan that
there is no practicable alternative for the placement of the system
on the property that disturbs no steep slope areas; and
(4) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
(5) The design engineer shall submit photos prior to
disturbance and after completion, along with a certification that
the limits of disturbance and grading were completed in accordance
with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground
lines (sewer laterals, water service, other utility lines) servicing
existing buildings, subject to the following conditions:
(1) The trench into which the utility line is placed
shall be no wider than necessary to comply with the United States
Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2) Temporary disturbance, such as temporary construction
clearing or temporary storage of dirt or equipment, shall be the minimum
size necessary; and
(3) The activities shall not cause any change in preconstruction
elevation of the steep slope area; and
(4) Backfill the uppermost six inches of any excavation
with the original topsoil material; and
(5) The disturbed area shall be replanted with indigenous
plants;
(6) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
k. Additional Requirements. For additional requirements relating to
floor area and impervious coverage, see Subsection 12-23.19.
[Ord. No. 581 § 12-11.1]
The R-8 District is designed for single family attached residential
units. For the purpose of administering this Article, single family
attached residential units shall be defined as a dwelling accommodation
within a building containing more than one but not more than six single
family dwelling units, provided each separate dwelling unit:
a. Is attached to other similar dwelling units by one or more party
walls, or portions thereof, extending from the foundation to the roof;
b. Provides at least two separate means of access to the outside for
each dwelling unit.
A single family attached residential unit may include a building
or structure in fee simple, condominium, or cooperative ownership,
or any combination thereof.
[Ord. No. 581 § 12-11.2]
Any use other than those listed in Subsection 12-11.1 above
is prohibited.
[Ord. No. 581 § 12-11.3]
The following conditions must be complied with in the R-8 Zone
District.
a. Height. No building shall exceed a maximum of 35 feet in height.
b. Setbacks. No building or structure shall be located closer than:
1.
One hundred feet from the right-of-way line of any State highway;
2.
Fifty feet from the right-of-way line of any municipal or county
road;
3.
Thirty-five feet from any residence district boundary line;
4.
Thirty-five feet from any nonresidential district boundary line;
5.
Twenty-five feet from the curbline of any internal private roads.
c. Buffer Areas. Those setbacks required in Subsection 12-11.3b1, 2
and 3 above shall be buffer landscaped areas and shall not contain
any building, structure or improvements other than access into the
interior of the tract as approved by the Planning Board. Vehicular
access from any state highway is specifically prohibited. Off-street
parking is permitted within the setback required in Subsection 4 above
provided the parking is not closer than 10 feet from any nonresidential
district boundary line. This ten-foot buffer area must be land-scaped
as approved by the Planning Board. The twenty-five-foot setback required
in Subsection 5 above shall not permit a parking area other than that
permitted on the driveway leading to an attached garage. This setback
shall be landscaped as approved by the Planning Board.
d. Density. The gross density for any development in the R-8 Zone shall
not exceed seven single family attached dwelling units per acre, not
withstanding any other provisions of this chapter. The maximum number
of dwelling units for any project shall be determined by multiplying
the total area of the tract in acres within the R-8 Zone exclusive
of any abutting public streets by seven. Any fractional number of
units shall be deleted.
e. Minimum Floor Area. Every single family attached residential unit
hereafter erected and containing one bedroom shall have a minimum
floor area of 700 square feet per unit and every single family attached
residential unit hereafter erected and containing more than one bedroom
shall have a minimum floor area of an additional 200 square feet for
each additional bedroom.
f. Off-Street Parking. Off-street parking shall be provided in accordance
with § 9-10 of this chapter.
g. Rooms. Any room other than a living room, dining room, kitchen, bathroom,
laundry room, utility room, foyer or hallway shall be construed as
a bedroom and every unit constructed shall be presumed to have at
least one bedroom. The number of bedrooms per single family attached
residential unit is unrestricted provided, however, the total number
of more than two bedroom units shall not exceed the total number of
two or less bedroom units and there shall not be more than 18 bedrooms
per gross acre. Under no circumstances shall the bedroom mix result
in a gross density that exceeds seven single family attached residential
units per acre.
h. Open Space. There shall be a minimum distance of 30 feet between
all structures containing dwelling units.
i. Landscaping. A Landscaping Plan shall be submitted and be subject
to review and approval by the Planning Board at the same time as the
Site Plan. The Landscaping Plan will show in detail the location,
size, and type of all plantings including lawns to be used on the
site. All areas not used for buildings or off-street parking shall
be including in the Landscaped Plan. All parking and service areas
shall be so screened that said areas are shielded from residential
areas adjacent to the site.
j. Access. All ingress and egress streets and driveways shall only be
located within the R-8 Zone at locations approved by the Planning
Board. All recreation areas shall be shown on the Site Plan and shall
be subject to review and approval by the Planning Board.
k. Lighting. Yard lighting shall be provided during the hours of darkness
to provide illumination for the premises and all interior sidewalks,
walkways and parking areas thereon. All wiring shall be laid underground
and all lighting fixtures shall be arranged so that the direct source
of light is not visible from any residential areas adjacent to the
site.
l. Architecture and Construction. From a design and construction standpoint,
a single family attached residence structure has two basic options.
1.
It shall be designed and constructed to resemble a large single
family residence, or
2.
It shall be designed and constructed, with appropriately different
single family attached residences, setbacks, and rooflines so as to
reflect the combination of more than one, but not more than six single
family attached residences.
The architecture employed shall be aesthetically in keeping
with the surrounding area and shall be subject to approval by the
Planning Board. All buildings shall be constructed in accordance with
the Building Code and shall comply with the following requirements:
(a)
The exterior of each building wall of single family attached
residences shall be of wood, brick or stone facing, solid brick or
stone, or some other acceptable durable material. Asbestos shingle
and cinder or concrete block as exterior finishes are prohibited.
The applicant shall submit to the Planning Board for review and approval,
in addition to any and all other documents required by any other ordinance
concerning Site Plan Review, floor plans, elevation drawings, color
rendering and detailed finish schedules.
(b)
The exterior of accessory structures shall harmonize architecturally
with and be constructed of materials of a like character to those
used in principal structures.
(c)
There shall be between single family attached residences a soundproof
fire wall constructed according to the specifications approved by
the Borough Engineer. Such noncombustible wall shall have a sound
transmission classification (STC) of not less than 52 based on the
laboratory test procedure specified in the ASTM (American Society
of Testing Materials) recommended practice E-90-66-T.
m. Utilities. Every single family attached residential unit must be
connected to the public sanitary sewer and water systems as approved
by the Borough Engineer. All utilities shall be installed underground.
Every dwelling unit shall be serviced by a fire hydrant within 500
feet of the unit which hydrant shall be connected to a six-inch main.
If more than one fire hydrant is required, the hydrants shall be connected
to an eight-inch main.
n. Roads. All internal roads and driveways within the project shall
be private roads constructed and maintained by the developer pursuant
to specifications prepared by the Borough Engineer and subject to
approval of the Planning Board. All internal roadways shall be designed
for maximum safety and convenience and shall not be less than 20 feet
in width for two-way traffic nor less than 12 feet in width for one-way
traffic. Additional width shall be provided when curbside parking
in a roadway is provided.
o. Storage Space. A storage area having a minimum floor area of 48 square
feet, and having both width and length of at least four feet may be
located in the basement, cellar, or garage serving the unit or in
a structure with exterior access attached to the unit. If in a garage,
the space shall be located beyond an area for vehicle parking having
minimum dimensions of nine feet in width and 18 feet in length.
p. Fees. At the time of filing an application for Site Plan Approval,
the applicant will file with the Borough Clerk a fee of $75 per dwelling
unit within the project. The fees shall be used to defray the cost
of processing the application. No part of the application fee is refundable.
At such time as the Site Plan is approved by the Planning Board but
prior to the issuance of a Building Permit, the applicant shall file
with the Borough Clerk an inspection fee equal to or not less than
5% of the estimated costs of all improvements on site exclusive of
the dwelling structures. The fee shall be determined by the Borough
Engineer and will be used to defray any engineering inspections made
by the Borough. Any part of the fee that is not used as above outlined
will be returned to the developer after approval by the Borough Council.
q. Easements. Any easements as required by the Planning Board, after
review by the Borough Engineer, shall be shown on the Site Plan and
the easements shall be given to the Borough at such time as the Site
Plan is approved. The easements may include but are not necessarily
limited to utility lines, public improvements, and ingress and egress
for emergency vehicles.
r. Guarantees. The developer shall furnish to the Borough as a condition
of Site Plan approval such guarantees, covenants, Master Deed or Developer's
Agreement, which shall satisfy the requirements of the Planning Board
for the construction and maintenance of common areas, landscaping,
recreational areas, public improvements and buildings.
[Added 10-13-2020 by Ord.
No. 2020-1852]
The purpose of this district is to implement the recommendations
of the Borough of Bernardsville's 2000 Comprehensive Master Plan Downtown
Plan as amended, 2019 Master Plan Reexamination Report, and 2019 Land
Use Plan Element. Specifically, the intent of this district is to:
a. Promote the Downtown as the commercial and civic center of Bernardsville
in a cohesive manner;
b. Enhance the physical characteristics of the Downtown through sign,
facade, and streetscape improvements;
c. Encourage architectural design that is consistent with the historical
character of Bernardsville;
d. Create a pedestrian-friendly atmosphere in the Downtown; and
e. Provide sufficient parking in the Downtown.
[Added 10-13-2020 by Ord.
No. 2020-1852]
It is recognized that there are several areas of distinct character
in Downtown Bernardsville; therefore, the following subdistricts are
hereby created:
b. Downtown Corridor (D-Co).
d. Downtown Claremont Road (D-Cl).
[Added 10-13-2020 by Ord.
No. 2020-1852]
a. Definitions. The following definitions shall apply solely to the
Downtown District. Terms contained in this section shall govern where
they are in conflict with the other sections of the Land Development
Ordinance except where terms are not defined herein, the definitions
contained in Article I, § 1-3.2 shall apply:
ARTICULATION
Treatment of a building facade through the use of offsets,
recesses, attachments, and/or openings to reduce the mass of the facade.
ARTISAN MANUFACTURING
The shared or individual use of hand-tools, mechanical tools
and electronic tools for the manufacture of finished products or parts
including design, processing, fabrication, assembly, treatment, and
packaging of products; as well as the incidental storage, sales and
distribution of such products. Typical artisan manufacturing uses
include, but are not limited to electronic goods; food, drink and
bakery products; printmaking; household appliances; leather products;
jewelry and clothing/apparel; metal work; furniture; glass or ceramic
production; paper manufacturing; provided such facilities are open
to the public for the retail sale of goods or services.
ATTACHMENT
A structure, excluding signage, attached to the facade of
a building.
BALCONY
A covered or uncovered occupiable platform attached to a
building facade.
BAY WINDOW
A space with windows that projects outward from a building
facade and forms a recess within.
CEILING
The upper finished surface of a story.
DEVELOPMENT PLAN
The documents necessary to demonstrate to the Zoning Official
that proposed development, as defined in the Land Development Code,
is in compliance with this section.
ENTRANCE
An opening intended for the entry or exit of pedestrians
in a building.
FACADE
The face of a building.
FACADE, BLANK
The portion of a facade per story that is permitted to have
no articulation or opening.
FRONTAGE
The area between a building facade and a street, including
built and planted elements. Private frontage is located between a
building facade and lot line adjacent to a street. Public frontage
is located in the street right-of-way adjacent to a lot line.
HOTEL
An establishment that is not a bed and breakfast or motel,
that provides sleeping accommodations and customary lodging services,
including dining facilities, maid service, and the furnishing of furniture
and bed linens to a transient population.
MOTEL
A building or series of buildings in which lodging is offered
for compensation in which each rental unit has direct independent
access to, and adjoining parking for each unit.
OFFICES
Includes co-working spaces.
OPENING
A window or door within a building facade.
PARAPET
A low, protective wall along the edge of a building roof.
PORCH
A covered, occupiable platform attached to a building facade
near grade level.
ROOF
The structure forming the upper covering of a building including
parapet walls.
STOOP
A covered platform attached to a building facade near a building
entrance.
STORY
A portion of a building between the surface of any floor
and the surface of the floor next above it, or, if there is no floor
above it, the space between such floor and the ceiling next above
it as follows:
Any finished floor surface entirely above the established
predevelopment grade shall be counted as a story, except that a basement
shall be considered to be a story above grade where the finished surface
of the floor above the basement is:
1.
More than six feet above the existing grade; or
2.
More than six feet above existing grade for more than 50% of
the total building perimeter; or
3.
More than 12 feet above grade at any point.
STREET, PRIMARY
The fronting street of a lot; or when a lot fronts on more
than one street, the street with the wider right-of-way which carries
the greater average daily traffic volume shall be considered the primary
street. In the event of two street frontages where the street has
a greater average daily traffic volume but is not the wider street,
the primary street shall be determined by the Planning Board based
upon the orientation of the proposed building(s) and the character
of the surrounding development.
TRANSPARENCY
The portion of the building facade made up of openings.
b. Design Standards. Design Standards are prescriptive, quantifiable
measures and rules that provide specific direction for meeting the
intent of this section. Design Standards use terms such as "shall"
or "must" to indicate that compliance with the standard is required.
c. Design Guidelines. Design Guidelines are recommended approaches for
meeting the intent of this section. Design Guidelines use terms such
as "should" to indicate that the guideline is relevant to the intent
and will be considered during the review process.
d. Applicability of Regulations.
1.
Existing Development. Any existing use, lot, building or other
structure legally established prior to the effective date of this
§ 12-12, Downtown District, that does not comply with any provision of these specific
regulations is a legal non-conforming use pursuant to Chapter 12-26
Non-conforming Lots, Uses, and Structures.
2.
New Development. New construction or redevelopment of property
that is not otherwise exempt shall comply with all applicable provisions
of this section.
3.
Additions. Except as provided elsewhere, any addition to an
existing building or buildings shall be constructed or developed in
accordance with all applicable provisions of this section if any of
the following criteria are met:
(a)
The addition fronts a public right-of-way; or
(b)
The gross floor area of the addition exceeds 25% of the gross
floor area of the existing building or structure being modified. Building
additions less than 25% shall still require site plan approval in
conformity with the applicable building height and setback requirements
for the subdistrict in which the property is located.
4.
Modifications. Except as provided elsewhere, any modification
to an existing part of a building or buildings shall comply with the
provisions of this section if both of the following criteria are met.
Only modifications that meet the criteria are required to comply with
the provisions of this section and shall not require the unmodified
portions of the building to be brought into compliance:
(a)
The building part is regulated by this section; and
(b)
The proposed modification fronts a public right-of-way.
5.
Repair and Maintenance. Routine repairs and maintenance of an
existing building or site are permitted and are not required to comply
with the provisions of this section. If parts of a building have deteriorated
beyond the point where they can be repaired to code, they shall be
replaced in kind. Parts of a building that are not replaced in kind
shall be considered modifications and comply with the provisions for
Modifications under § 12-12.3(d)4.
6.
Changes of Use. Except as provided elsewhere, any change of
use within an existing building or structure shall comply with the
parking and signage provisions of this section.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a. Pre-Application Conference. A pre-application conference with the
Zoning Official is recommended prior to any application for approval
within the Downtown District. The purpose of the pre-application conference
is to provide an overview of the materials needed to submit an application
and a description of the process; answer questions related to development
within the district; and determine and clarify issues that may arise.
b. No construction, reconstruction, alteration, conversion or installation
of a structure, building, fence, patio, driveway, or other impervious
surface, establishment of or change of use shall be undertaken unless
and until a zoning permit is obtained from the Zoning Officer in accordance
with the requirements of § 12-3a of this Code. In addition,
an application for a zoning permit within the Downtown District, an
applicant shall submit any additional information requested by the
Zoning Official to effectively review for compliance with the provisions
of the Downtown District.
c. Review and Approval. The Zoning Official shall provide copies of
the zoning permit application to appropriate agencies for review.
If the zoning permit application is deemed to be in compliance with
this section and no variances or other development approvals are required
under the Borough Land Development Regulations or Municipal Land Use
Law, then the Zoning Official can issue the zoning permit. If the
Zoning Official deems the submittal to not be in compliance with this
§ 12-12 (providing the reasons for such decision), then
the applicant may submit the land development application to the Planning
Board or the Board of Adjustment, as applicable, for appropriate relief
and approval.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a. Deviations from use requirements and standards relating to bulk,
building placement, building height, building articulation, building
transparency, parking, lighting and signage standards shall be deemed
zoning requirements requiring use or variance relief pursuant to N.J.S.A.
40:55D-70(c) and (d).
b. Deviations from design standards relating to architecture, frontage
and miscellaneous guidelines shall be deemed design standard exceptions
pursuant to N.J.S.A. 40:55D-51.
[Added 10-13-2020 by Ord.
No. 2020-1852]
Unless specifically prohibited within a subdistrict or elsewhere
in this section, the following uses are permitted in the Downtown
District:
a. Artisan manufacturing (including distilleries and micro-brewing).
b. Educational institutions.
d. Institutional uses (including but not limited to places of worship).
e. Business and professional offices.
f. Outdoor dining as regulated by § 12-12.9.
h. Recreational type uses such as health clubs, spas and boutique exercise
class providers, boutique gaming facilities, arcades, dance and art
studios.
i. Residential-multi-family (including within a mixed-use building).
m. Theaters, community centers, art centers and museums.
n. Drive-through facilities shall be allowed for pharmacies only.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a. Hotels (pursuant to § 12-25.2f).
b. Automobile fueling stations and public garages (pursuant to § 12-25.2b)
in the Downtown Corridor and Downtown Gateway Districts only.
c. Public utilities (pursuant to § 12-25.2i).
[Added 10-13-2020 by Ord.
No. 2020-1852]
Sidewalk sales shall be permitted within the Downtown District,
not to exceed more than nine days during each calendar year per business,
which days shall be authorized by the Borough Clerk subject to the
following standards:
a. Goods and merchandise may be displayed only upon a sidewalk area
immediately in front of the business establishment selling same and
in such a manner as to permit the free flow of pedestrian traffic
on the sidewalk at a minimum width of 48 inches.
b. Goods and merchandise shall be of the same type and quality as that
ordinarily maintained and sold by the business establishment conducting
the sale.
c. Goods and merchandise shall be displayed in such manner as to permit
sales to pedestrians on sidewalk areas. Sales shall not be conducted
or made to pedestrians walking or standing in streets, roads or other
areas where motor vehicles ordinarily travel.
d. No advertising signs larger than 12 inches by 24 inches shall be
utilized in sidewalk sales.
e. Business establishments adjacent to parking areas may set aside portions
thereof by clearly marking some and restricting the areas to sidewalk
sales. Booths or other displays shall be located in such a manner
as to permit the free flow of traffic through the area.
f. Sidewalk sales shall be restricted to the hours of 9:00 a.m. to 6:00
p.m., prevailing time.
g. The use of public address systems, bells, music, auctioneers or other
devices or activities not otherwise utilized by business establishments
in the ordinary course of business shall not be permitted in conjunction
with sidewalk sales.
h. The location of booths and other merchandise displays along sidewalks
and in parking areas shall be subject to approval by an authorized
member of the Police Department of the Borough of Bernardsville and
an authorized member of the Fire Department of the Borough of Bernardsville.
Any party failing to comply with a written directive from either of
the agencies shall be deemed to be in violation of this section.
[Added 10-13-2020 by Ord.
No. 2020-1852; amended 7-11-2022 by Ord. No. 2022-1921]
Outdoor Dining shall be permitted within the Downtown District
as accessory to an existing indoor restaurant only subject to the
following regulations:
a. No outdoor table, shelf or other facility to hold food or drink while
the same are being consumed shall be permitted in any nonresidential
zone except in accordance with this subsection.
b. The dining area must be on private property. If any portion of the
dining area is on a sidewalk over which the public has a right-of-way,
an unobstructed passage not less than four feet wide must be left
between the dining area and any street, structure, hydrant, lamppost,
highway signpost or other obstruction. No portion of the dining area
may be closer than four feet to any fire lane, parking lot or loading
dock. No portion of any required parking space or loading dock shall
be converted to dining area, except that temporary outdoor dining
facilities may be permitted in required parking space or loading dock
areas if the Borough Zoning Officer determines that such temporary
outdoor dining would not adversely impact pedestrian or vehicular
traffic, result in insufficient parking for the restaurant and neighboring
uses, or otherwise be a danger to public safety.
c. The dining area shall be surrounded by a defining barrier not less
than two feet high such as landscaping, a fence or ropes and posts.
If any portion of the dining area is within 10 feet of any area used
by vehicles and less than two feet above such area, the barrier shall
be designed to protect the dining area unless the same is protected
by trees or other means. Any immovable portion of the barrier, or
any permanent roof, arbor, platform or similar structure shall be
considered a site improvement for the purpose of § 12-12.4,
Administrative Procedures, requiring site plans proposing site improvements
to be drawn by a licensed person. The placement of tables and chairs
in the dining area and the provision of passages through the barrier
shall not obstruct entry to or exit from any building. Folding chairs
are prohibited. No advertising or product names are permitted on any
tablecloths, chairs or umbrellas in the dining area.
d. No use of the dining area shall be permitted after 10:00 p.m. or
before 6:00 a.m. Sunday through Wednesday. Outdoor dining shall not
be permitted after 11:59 p.m. or before 6:00 a.m. Thursday through
Saturday.
e. Convenient containers for trash and recyclables shall be provided.
The operator of the dining area shall keep it clean, sanitary and
free from litter.
f. With the permission of the Board of Health and/or the Fire Department
as to the maximum number of people in the indoor and outdoor spaces,
the restaurant may serve indoor and outdoor diners simultaneously.
[Added 10-13-2020 by Ord.
No. 2020-1852]
In addition to the uses prohibited in § 12-23.16,
any use not specifically enumerated as expressly permitted herein
is hereby prohibited including the following specific uses in all
subdistricts unless otherwise indicated:
b.
Any business operation conducted outside the confines of a building,
or any business operation which results in the storage or display
of any article or merchandise in bulk outside the confines of a building
such as bags of topsoil, mulch, firewood or storage associated with
a lumber yard, auto sales and the like. Seasonal displays are permitted
as well as sidewalk sales as regulated above.
d.
Bulk storage of flammable liquids except the sale of exchangeable
propane tanks is permitted.
e.
Vending machines unless operated within the confines of a principal
building or unless permitted by § 12-25.2 of this chapter.
g.
Dependent living facilities.
h.
Junk yards, dumps, and scrap material storage.
i.
Lumber yards, contractor storage or equipment.
j.
Manufacturing (other than artisan manufacturing as defined elsewhere
in this section).
k.
Marijuana dispensaries either for medicinal or recreational
use.
l.
Motels, trailer camps or other storage or parking of trailers.
n.
Automobile fueling stations and public garages except as permitted
in the Downtown Corridor and Gateway Corridor subdistricts.
s.
Drone landing pads or area.
[Added 10-13-2020 by Ord.
No. 2020-1852]
No retail, restaurant, outdoor dining area, or office in any
building shall use any noisemaking instruments such as phonographs,
loudspeakers, amplifiers, radios, television sets or similar devices
which are so situated as to be heard outside any building at a level
exceeding 65 decibels during daytime and 50 decibels between 10:00
p.m. and 7:00 a.m. No smoke, dust, fumes or objectionable odor shall
be emitted from any building. The display of merchandise on the exterior
premises of any building is prohibited, except as to sidewalk sales
as provided herein.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. Most downtowns are designed as a system of streets and
blocks. Downtown Bernardsville generally follows this pattern, but
some areas stretch along corridors such as Mine Brook Road and Claremont
Road. To ensure connection between the public and private realm, it
is important that lots and, subsequently, buildings should front streets
and/or open spaces such as parks and plazas. It is equally important
that such public streets and spaces be connected to each other to
the extent possible to form a complete street and park network.
b.
Lots shall front on a public street, private street built to
public standard, or designated public open space.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. It is important that buildings and related landscaping,
rather than parking, be the dominant characteristic in Downtown Bernardsville.
This creates an environment more conducive to pedestrians. While building
placement varies by subdistrict, the intent is for new development
to be built close to the street.
b.
Front setbacks from a street shall be measured from the property
line. Rear and side setbacks are measured at a right angle from the
adjacent property line.
c.
Additions to buildings are not required to meet the minimum
building frontage standards as applicable by subdistrict.
d.
Attachments, as established in § 12-12.16, may encroach
into setbacks as applicable by subdistrict subject to the following
maximums:
e.
Minor elements such as accessory utility structures, mechanical
equipment, fences, walls, driveways, walkways, and uncovered stoops
and porches may encroach into all setbacks but not across property
lines. Mechanical equipment must comply with the requirements of Section
12-23.24 below.
[Amended 9-27-2021 by Ord. No. 2021-1893]
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. The height of buildings in Downtown Bernardsville is
varied, which adds to the richness of its character. Additionally,
the height of individual stories varies. For example, shopfronts close
to sidewalk often feature taller ground level ceilings than the stories
above. The first floor of residential-type buildings is typically
raised above the level of the adjoining sidewalk. The intent is to
be sensitive to the existing building and ceiling heights of the area,
but to allow for additional height where appropriate due to location
and/or unique features of the site.
b.
Building height shall be measured in stories and feet. The measurement
of building height in feet shall be made using average predevelopment
grade. The average predevelopment grade shall be established at the
minimum front yard setback line, measured at the endpoints of equal
length segments composing that line with no segment longer than 20
feet. Building height from the average predevelopment grade will be
measured to the bottom of the eave on a sloped roof or the highest
point of the roof surface of a flat roof not including a parapet.
The maximum exposed foundation along any portion of a building shall
be no greater than two feet.
c.
Any finished floor surface entirely above the established predevelopment
grade shall be counted as a story, except that a basement shall be
considered to be a story above grade where the finished surface of
the floor above the basement is:
1.
More than six feet above the existing grade; or
2.
More than six feet above existing grade for more than 50% of
the total building perimeter; or
3.
More than 12 feet above grade at any point.
d.
Where a lot slopes down from the primary street a minimum of
10 feet vertically, one additional story is allowed beyond the maximum
number of stories as applicable by subdistrict. Such additional story
shall be used only for underground or covered parking, storage or
mechanical equipment.
e.
Non-occupiable roof elements such as spires, cupolas, chimneys,
cell antennas, and similar structures may exceed the maximum height
requirements by no greater than 20%.
f.
Stairways to the roofs, rooftop shade structures, and rooftop
mechanical equipment including solar panels may not exceed the maximum
height requirement by more than 10 feet and shall be set back from
building facades a minimum of 10 feet. Rooftop structures shall be
limited to 25% of the roof area. All roof structures, facilities and
improvements shall have aesthetic quality consistent with the design
standards applicable to the structure as a whole and shall be appropriately
screened.
g.
Minimum story height requirements shall be measured from the
top of the finished floor to the floor above.
h.
Minimum ground floor elevation requirements shall be measured
from the top of the adjacent sidewalk.
i.
Fencing as required by building codes for terraced roofs is
permitted but may not exceed the minimum height required by the building
code.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. Downtown Bernardsville, like many historic downtowns,
was built incrementally over time. The result is a pattern of development
where the articulation of buildings through recesses, projections,
and attachments create visual interest. It is the intent to avoid
the massive character of buildings with long, uninterrupted facades
that do not contribute to a viable streetscape.
b.
Articulation requirements by subdistrict shall be met in one
or more of the following methods:
1.
Facade offset with a minimum depth of two feet that extends
to within two feet of the full height of the facade.
2.
Facade projection or recession with a minimum depth of four
inches and a minimum width of one foot that extends the full height
of the first story of the facade.
3.
Variation in building or parapet height of a minimum two feet
for single story buildings and four feet for buildings with two or
more stories.
4.
The use of multiple roof forms to create the effect of different
building components.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. In addition to the articulation of building facades,
downtown buildings may feature a variety of attached elements that
provide protection from the weather and extend informal occupiable
space, while also helping to break down the perceived mass of the
building.
b.
Building attachment requirements by subdistrict shall be met
in one or more of the following methods:
1.
Awnings/canopies shall have a minimum clear height above a sidewalk
of nine feet and a minimum depth of five feet.
2.
Balconies shall have a minimum clear height above a sidewalk
of nine feet and a minimum clear depth of five feet.
3.
Bay windows shall have a maximum projection of five feet from
a facade.
4.
Chimneys shall have a maximum projection of three feet from
a facade.
5.
Drive-through facilities visible from a street shall be recessed
a minimum of 10 feet from street- facing facades. Vehicular circulation
and stacking for drive-through facilities shall be designed in a manner
that does not impede traffic flow on adjacent streets.
6.
Porches shall have a minimum clear depth of six feet excluding
steps.
7.
Stoops shall have a minimum clear depth of four feet.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. Similar to articulation, the transparency of buildings,
or the amount of windows and doors in Downtown Bernardsville, where
fronting or visible from streets and public spaces, contributes to
a pedestrian- friendly environment critical to the success of the
downtown. It is the intent to ensure development enhances the streetscape
through openings that provide unobstructed views into buildings and
are blocked only by sightly merchandise seasonal displays rather than
merchandise storage, which is otherwise prohibited, do not demean
the look of the borough, and are placed appropriately based on location
and use.
b.
Transparency shall be measured by dividing all the transparent
surface areas of windows and including doors by the total facade area
of a street-facing story.
c.
Storefronts which become vacant shall be cleaned of all trash
and debris at the front display windows. The property owner or tenant
shall install a temporary painted, or otherwise decorated screen that
shall obscure all display windows upon the premises to prevent visual
exposure of the areas behind the screen. The top of the screen shall
be not less than six feet above the adjacent sidewalk area.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. The accommodation of parking within Downtown Bernardsville
is necessary, but it is critical that downtown design not be controlled
by parking. Downtown residents and patrons should be able to park
once and visit multiple establishments. The intent should be to reduce
unnecessary parking and encourage shared parking that is convenient
throughout the Downtown District.
b.
Parking shall be required for new development or changes in
use according to the table below:
Use
|
Required Parking
|
---|
Artisan manufacturing
|
1 space/1,000 square feet
|
Auditorium, theater
|
1 space/3 seats
|
Educational, daycare
|
1 space/250 square feet
|
Financial institutions
|
1 space/300 square feet
|
Hotels
|
1 space/room plus 1 space/2 employees
|
Institutional
|
1 space/250 square feet
|
Institutional, places of worship
|
1 space/3 seats
|
Offices
|
1 sp./300 square feet
|
Personal care service
|
1 space/250 square feet
|
Recreational
|
1 space/250 square feet
|
Residential
|
Per RSIS
|
Restaurants
|
1 space/3 seats for patrons and 1/employee on a maximum shift
|
Retail
|
1 space/250 square feet
|
c.
Parking setbacks are measured at right angles to the adjacent
property line.
d.
Required parking, with the exception of required accessible
spaces, may be located off-site, if located within 600 feet from the
primary pedestrian entrance.
e.
A shared parking plan may be approved by the Planning Board
or the Board of Adjustment, as applicable, for a mixed-use project
when uses are located near one another and have different peak parking
demands and operating hours, based upon a shared parking analysis
prepared and presented by a qualified New Jersey licensed professional
engineer.
f.
Cross access between adjacent parking areas is required when
technically feasible.
g.
For parking lots or structures with a minimum of 50 spaces,
a minimum of 2% of the spaces shall be reserved for electric vehicle
charging stations.
[Added 10-13-2020 by Ord.
No. 2020-1852]
Development regulations for each Downtown subzones are hereby
established as follows:
a.
Downtown Core Subdistrict (D-C).
1.
Description and Intent. The Downtown Core sub-district encompasses
the heart of downtown Bernardsville. The district is centered around
Olcott Square at the intersection of Mine Brook Road, Mt. Airy Road,
Anderson Hill Road, and Morristown Road. The district features a variety
of building types, but generally buildings are built close to the
sidewalk with parking located behind. The intent is to preserve the
historic character of the area and to ensure new development is compatible.
The district also includes the area around Quimby Lane, an area the
Borough envisions to be redeveloped with a mixture of uses and the
character of a European village.
2.
Permitted uses: Uses as permitted in § 12-12.6, § 12-12.8
and § 12-12.9.
3.
Conditional uses: Conditional uses as permitted in § 12-12.7.
4.
Prohibited uses: As regulated by § 12-12.10.
5.
Lot coverage: Maximum 90%.
6.
Building setbacks.
(a)
Front yard.
(1) Non-residential and mixed use buildings: Minimum:
two feet; Maximum five feet. For non-residential and mixed-use buildings,
the area between the building facade and the sidewalk shall be hardscaped
to match or complement the sidewalk
(2) Residential buildings: Minimum: five feet; Maximum
10 feet.
(b)
Side Yard. Minimum: zero feet; Minimum to adjacent residentially
zoned property: five feet.
(c)
Rear Yard. Minimum: five feet; Minimum to adjacent residentially
zoned property: 20 feet.
(d)
Distance between buildings on same lot: Minimum 10 feet.
(e)
Frontage buildout: Minimum 80% of the front facade shall extend
along the front setback line.
7.
Principal building height requirements.
(b)
Feet to bottom of eave: Maximum 40.
(c)
Feet to top of parapet: Maximum 45 feet.
(d)
Story height as measured floor to floor.
(1) Ground level non-residential uses: Minimum 15 feet;
Maximum 21 feet.
(2) Ground level residential: Minimum 10 feet.
(3) Upper level: Minimum nine feet.
8.
Accessory building height requirements.
9.
Ground floor above sidewalk measured at doorway.
(a)
Non-residential uses: four inches to a maximum of six inches.
(b)
Residential uses: Minimum 1.5 feet.
10.
Building articulation.
(a) Flat facade - Primary street: Maximum 25 feet.
(b) Flat facade - Secondary street: Maximum 50 feet.
(c) Permitted attachments subject to § 12-12.16:
awnings, canopies, balconies, bay windows, chimney, porches and stoops.
11.
Required Building Transparency.
(a) Primary Street Ground Level - Non-residential:
Minimum 70%; Maximum 80%; Maximum sill height at window 2 1/2
feet; For non-residential uses, located within a building designed
to resemble a single-family residential building type with a porch
frontage, required transparency may be reduced to 20%.
(b) Secondary Street Ground Level - Non-residential:
Minimum 20%; Maximum 80%.
(c) Primary Street Ground Level - Residential: Minimum
20%; Maximum 60%.
(d) Secondary Street Ground Level - Residential: Minimum
15%; Maximum 60%.
(e) Upper Level: Minimum 15%; Maximum 50%.
12.
Parking setbacks from property lines.
(a) Primary Street: Behind the principal building.
(b) Secondary Street: Minimum five feet.
13.
Parking Access.
(a) Primary Street Number of Driveways: Maximum 1.
(b) Secondary Street Driveways: Maximum 2.
(c) Driveway Width: Maximum 24 feet.
14.
Parking lot screening from public right-of-way: Minimum planting
height three feet; Maximum planting height four feet; Parking lots
with less than five spaces are exempt from this requirement.
15.
Architecture.
(a) Permitted foundation materials: Brick masonry,
stone masonry, cement-parged concrete block.
(b) Permitted facade materials: Brick masonry, stone
masonry, stucco, wood siding/shingles for buildings designed to resemble
a single-family residential building type only, fiber-cement siding/shingles
to resemble a single-family residential building type only.
(c) Permitted facade accent materials: Cast stone,
wood, fiber-cement trim, siding, and panels, composite trim, siding,
and panels, architectural metal.
16.
Frontages.
(a) Permitted private frontages: Shopfront, stoop,
forecourt, porch.
(b) Public frontages: Sidewalk and tree well.
17.
Sidewalks. Eight-foot sidewalk as measured from the top edge
of the curb face shall be provided. Where the sidewalk along a property
frontage is less than eight feet, the front facade must be setback
an additional distance to ensure a ten foot minimum clear sidewalk
width.
18.
Signage as permitted pursuant to § 12-23.15.
b.
Downtown Corridor Subdistrict (D-Co).
1.
Description and Intent. The Downtown Corridor subdistrict extends
along Morristown Road east of the core and serves as a portion of
the eastern gateway into Bernardsville. The area has a more auto-dependent
character than other subdistricts. The intent is to limit the future
expansion of this character while recognizing that the corridor will
remain auto-oriented for the foreseeable future.
2.
Permitted uses: Uses as permitted in § 12-12.6, § 12-12.8
and § 12-12.9.
3.
Conditional uses: Conditional uses as permitted in § 12-12.7.
4.
Prohibited uses: As regulated by § 12-12.10 and residential
on a ground floor.
5.
Lot Coverage: Maximum 80%.
6.
Building Setbacks.
(a)
Front Yard. Minimum: five feet; Maximum 75 feet.
(b)
Side Yard. Minimum: five feet.
(c)
Rear Yard. Minimum: 20 feet.
(d)
Distance between buildings on same lot: Minimum 20 feet.
(e)
Frontage buildout: Minimum 60% of the front facade shall extend
along the front setback line.
7.
Principal Building Height Requirements.
(a)
Maximum Stories: 2 1/2 stories.
(b)
Feet to bottom of eave: Maximum 30 feet.
(c)
Feet to top of parapet: Maximum 35 feet.
(d)
Story Height as measured floor to floor.
(1) Ground level: Minimum 13 feet.
(2) Upper level: Minimum nine feet.
8.
Accessory Building Height Requirements.
9.
Ground floor above sidewalk measured at doorway: zero feet.
10.
Building articulation.
(a) Flat facade - Primary Street: Maximum 50 feet.
(b) Flat facade - Secondary Street: Maximum 50 feet.
(c) Permitted attachments subject to § 12-12.16:
awnings, canopies, balconies, bay windows, drive-throughs for pharmacies
only, porches and stoops.
11.
Required Building Transparency.
(a) Primary Street Ground Level - Non-residential:
Minimum 40% Maximum 80%; For non-residential uses located within a
building designed to resemble a single-family residential building
type with a porch frontage, required transparency may be reduced to
20%.
(b) Secondary Street Ground Level - Non-residential:
Minimum 20%; Maximum 80%.
(c) Primary Street Ground Level - Residential: Minimum
20%; Maximum 60%.
(d) Secondary Street Ground Level - Residential: Minimum
15%; Maximum 60%.
(e) Upper Level: Minimum 15%; Maximum 50%.
12.
Parking setbacks from property lines.
(a) Primary Street: Minimum five feet; Surface parking
is limited to one double-loaded aisle of parking between the building
and the street.
(b) Secondary Street: Minimum five feet.
13.
Parking Access.
(a) Primary Street Number of Driveways: Maximum two.
(b) Secondary Street Driveways: Maximum two.
(c) Driveway Width: Maximum 24 feet.
14.
Parking lot screening from public right of way: Minimum planting
height three feet; Maximum planting height four feet; Parking lots
with less than five spaces are exempt from this requirement.
15.
Architecture.
(a) Permitted Foundation Materials: Brick masonry,
stone masonry, cement-parged concrete block.
(b) Permitted Facade Materials: Brick masonry, stone
masonry, stucco, wood siding/shingles for buildings designed to resemble
a single-family residential building type only, fiber-cement siding/shingles
to resemble a single-family residential building type only.
(c) Permitted Facade Accent Materials: Cast stone,
wood, fiber-cement trim, siding, and panels, composite trim, siding,
and panels, architectural metal.
16.
Frontages.
(a) Permitted Private Frontages: Shopfront, stoop,
porch.
(b) Public Frontages: Sidewalk and planter, sidewalk
and planting strip.
17.
Sidewalks. Eight-foot sidewalk as measured from the top edge
of the curb face shall be provided. Where the sidewalk along a property
frontage is less than eight feet, the front facade must be setback
an additional distance to ensure a ten foot minimum clear sidewalk
width.
18.
Signage as permitted pursuant to § 12-23.15.
c.
Downtown Gateway Subdistrict (D-G).
1.
Description and Intent. The Downtown Gateway subdistrict extends
along Morristown Road near its intersection with Finley and east to
the Borough limits near Madisonville Road. This area serves as the
eastern gateway into Bernardsville. The area has a more auto-dependent
character than other subdistricts. The intent is to encourage a slightly
more intense development pattern in this area, in particular, office
uses, but with an appropriate transition to surrounding residential
areas.
2.
Permitted Uses: Uses as permitted in § 12-12.6, § 12-12.8
and § 12-12.9.
3.
Conditional Uses: Conditional uses as permitted in § 12-12.7.
4.
Prohibited Uses: As regulated by § 12-12.10.
5.
Lot Coverage: Maximum 85%.
6.
Building Setbacks.
(a)
Front Yard. Minimum: five feet; Maximum 75 feet.
(b)
Side Yard. Minimum: five feet.
(c)
Rear Yard. Minimum: 20 feet.
(d)
Distance between buildings on same lot: Minimum 20 feet.
(e)
Frontage buildout: Minimum 60% of the front facade shall extend
along the front setback line.
7.
Principal Building Height Requirements.
(a)
Maximum Stories: three stories.
(b)
Feet to bottom of eave: Maximum 40 feet.
(c)
Feet to top of parapet: Maximum 45 feet.
(d)
Story Height as measured floor to floor.
(1) Ground Level - non-residential: Minimum 13 feet;
Maximum 21 feet.
(2) Ground Level - residential: Minimum 10 feet.
(3) Upper Level: Minimum nine feet.
8.
Accessory Building Height Requirements.
9.
Ground Floor Above Sidewalk Measured at Doorway.
(a)
Ground level - non-residential: Minimum zero feet.
(b)
Residential uses: Minimum 1 1/2 feet within 25 feet of
front property line.
10.
Building Articulation.
(a) Flat facade - Primary Street: Maximum 50 feet.
(b) Flat facade - Secondary Street: Maximum 50 feet.
(c) Permitted attachments subject to § 12-12.16:
awnings, canopies, balconies, bay windows, drive-through for financial
institutions and pharmacies only, porches and stoops.
11.
Required Building Transparency.
(a) Primary Street Ground Level - Non-residential:
Minimum 60%; Maximum 80%.
(b) Secondary Street Ground Level - Non-residential:
Minimum 20%; Maximum 80%.
(c) Primary Street Ground Level - Residential: Minimum
20%; Maximum 60%.
(d) Secondary Street Ground Level - Residential: Minimum
15%; Maximum 60%.
(e) Upper Level: Minimum 15%; Maximum 50%.
12.
Parking setbacks from property lines.
(a) Primary Street: Minimum five feet; Surface parking
is limited to one double-loaded aisle of parking between the building
and the street.
(b) Secondary Street: Minimum five feet.
13.
Parking Access.
(a) Primary Street Number of Driveways: Maximum two.
(b) Secondary Street Driveways: Maximum two.
(c) Driveway Width: Maximum 24 feet.
14.
Parking lot screening from public right of way: Minimum planting
height three feet; Maximum planting height four feet; Parking lots
with less than five spaces is exempt from this requirement.
15.
Architecture.
(a) Permitted Foundation Materials: Brick masonry,
stone masonry, cement-parged concrete block.
(b) Permitted Facade Materials: Brick masonry, stone
masonry, stucco, wood siding/shingles for buildings designed to resemble
a single-family residential building type only, fiber-cement siding/shingles
to resemble a single-family residential building type only.
(c) Permitted Facade Accent Materials: Cast stone,
wood, fiber-cement trim, siding, and panels, composite trim, siding,
and panels, architectural metal.
16.
Frontages.
(a) Permitted private frontages: Shopfront, stoop,
porch.
(b) Public frontages: Sidewalk and planter, sidewalk
and planting strip.
17.
Sidewalks. Eight foot sidewalk as measured from the top edge
of the curb face shall be provided. Where the sidewalk along a property
frontage is less than eight feet, the front facade must be setback
an additional distance to ensure a ten foot minimum clear sidewalk
width.
18.
Signage as permitted pursuant to § 12-23.15.
d.
Downtown Claremont Road Subdistrict (D-Cl).
1.
Description and Intent. The Downtown Claremont Road subdistrict
contains a mixture of uses in a form that creates an appropriate transition
between the core of downtown and the single-family neighborhoods to
the north. New development in the area would ideally feature a mixture
of uses and be compatible in scale and character with existing development.
2.
Permitted uses: § 12-12.6, § 12-12.8 and
§ 12-12.9.
3.
Conditional uses: Conditional uses as permitted in § 12-12.7.
4.
Prohibited uses: As regulated by § 12-12.10 including
artisan manufacturing and public parking garages which are also prohibited.
5.
Lot Coverage: Maximum 80%.
6.
Building Setbacks.
(a)
Front Yard. Minimum: five feet; Maximum 25 feet.
(b)
Side Yard. Minimum: five feet.
(c)
Rear Yard. Minimum: five feet; Minimum 20 feet to residentially
used or zoned property.
(d)
Distance between buildings on same lot: Minimum 10 feet.
(e)
Frontage buildout: Minimum 70% of the front facade shall extend
along the front setback line.
7.
Principal Building Height Requirements.
(a)
Maximum stories: 2.5 stories.
(b)
Feet to bottom of eave: Maximum 30 feet.
(c)
Feet to top of parapet: Maximum 35 feet.
(d)
Story Height as measured floor to floor.
(1) Ground level - non-residential: Minimum 11 feet;
Maximum 16 feet.
(2) Ground level - residential: Minimum 10 feet.
(3) Upper level: Minimum nine feet.
8.
Accessory Building Height Requirements.
9.
Ground floor above sidewalk measured at doorway:
(a)
Ground level - non-residential: Minimum zero feet.
(b)
Residential uses - Minimum 1 1/2 feet.
10.
Building Articulation.
(a) Flat facade - Primary Street: Maximum 35 feet.
(b) Flat facade - Secondary Street: Maximum 50 feet.
(c) Permitted attachments subject to § 12-12.16:
awnings, canopies, balconies, bay windows, chimneys, porches, and
stoops.
11.
Required Building Transparency.
(a) Primary Street Ground Level - Non-residential:
Minimum 50%; Maximum 80%; Maximum 2 1/2 feet sill height; For
non-residential uses located within a building designed to resemble
a single-family residential building type within a porch frontage,
required transparency may be reduced to 20%.
(b) Secondary Street Ground Level - Non-residential:
Minimum 20%; Maximum 80%.
(c) Primary Street Ground Level - Residential: Minimum
20%; Maximum 60%.
(d) Secondary Street Ground Level - Residential: Minimum
15%; Maximum 60%.
(e) Upper Level: Minimum 15%; Maximum 50%.
12.
Parking setbacks from property lines.
(a) Primary Street: Behind the principal building.
(b) Secondary Street: Minimum five feet.
13.
Parking Access.
(a) Primary Street Number of Driveways: Maximum 1.
(b) Secondary Street Driveways: Maximum 1.
(c) Driveway Width: Maximum 24 feet.
14.
Parking lot screening from public right of way: Minimum planting
height three feet; Maximum planting height four feet; Parking lots
with less than five spaces is exempt from this requirement.
15.
Architecture.
(a) Permitted Foundation Materials: Brick masonry,
stone masonry, cement-parged concrete block.
(b) Permitted Facade Materials: Brick masonry, stone
masonry, stucco, wood siding/shingles, fiber-cement siding/shingles.
(c) Permitted Facade Accent Materials: Cast stone,
wood, fiber-cement trim, siding, and panels, composite trim, siding,
and panels, architectural metal.
16.
Frontages.
(a) Permitted private frontages: Shopfront, stoop,
forecourt, porch.
(b) Public frontages: Sidewalk and tree well, sidewalk
and planting strip.
17.
Sidewalks. Five-foot sidewalk as measured from the top edge
of the curb face shall be provided. Where the sidewalk along a property
frontage is less than five feet, the front facade must be setback
an additional distance to ensure a seven foot minimum clear sidewalk
width.
18.
Signage as permitted pursuant to § 12-23.15.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. The architecture of Downtown Bernardsville is varied.
In the historic core, building design ranges from early 20th century,
mosonry and stucco "Main Street" shopfront buildings close to the
sidewalk to older residential-type buildings, such as the Old Library,
that feature shallow yards, porches, sloped roofs, and siding. These
variations contribute to the unique village-like character of the
Borough. The demolition of structures deemed historic is strongly
discouraged. At a minimum, the exterior facades and features of buildings
deemed historic should be preserved. The later architecture in downtown
and along the corridors leading into downtown is more suburban in
character and lacks the richness of downtown's more historic buildings.
The intent is for the design of new construction and additions to
take cues from Downtown Bernardsville's most iconic historic buildings.
b.
General. The standards in this section apply to basic building
components as depicted in Figure 1.
1.
Unless otherwise specified, the standards in this section apply
to all facades that face a street or public open space and side facades
for a minimum depth of 20 feet.
2.
Buildings shall be generally oriented so that a primary entrance(s)
faces the primary street or public open space.
3.
Building entrances (excluding service access or emergency egress)
shall be defined by a roof covering or by being recessed.
4.
Buildings shall be generally built parallel to the street frontage.
If the street frontage is not straight, facades shall be generally
built tangent to the street frontage.
5.
Buildings shall have simple massing and details in order to
clearly distinguish the main body of the building and the primary
pedestrian entry.
6.
Street-facing facades shall be composed so that the rhythm of
ground floor attachments and openings harmonizes with the rhythm of
attachments and openings on upper stories.
7.
Buildings on corner lots, shall address both streets with openings
or the following attachments: porches and bay windows. For the purpose
of this standard, a lane or alley is not a street.
8.
Miscellaneous Guidelines. Buildings and related elements should
be arranged in a manner to indicate the pattern of base, body or shaft,
and cap.
c.
Facades.
1.
Building facades shall be built of no more than two primary materials, excluding accent materials, and shall only change material along a horizontal line (with the heavier material below the lighter material), outside corners (where material wraps the corner a minimum of two feet), or inside corners. (See
Attachment 3 - Downtown Zoning District Guidebook.)
2.
The following materials are prohibited:
(a)
Exterior Insulation Finish Systems (E.I.F.S.).
(b)
Faux brick, stone, or similar faux masonry panels.
3.
Building facades may include horizontal siding, vertical siding
with flush joints, stucco, and medium-density overlay plywood (MDO)
as an accent material in gables, dormers, and bay windows.
4.
Horizontal siding shall be lap, shiplap, drop, or shingle-style.
5.
Materials, other than masonry, shall be painted, stained, or
have a factory-applied finish.
6.
Buildings shall be limited to two colors, excluding accent colors.
Colors shall be earth tones from white through natural "red."
7.
Parking structure facades shall incorporate appropriate materials,
openings, and detailing and be configured in a manner so as to resemble
a building with active uses.
8.
Miscellaneous Guidelines. Natural materials are encouraged.
Materials intended to represent natural materials should be minimized.
d.
Openings.
1.
Openings in walls with siding shall be trimmed with flat casing,
a sloping sill, and drip cap at a minimum.
2.
Openings in masonry walls or walls with masonry veneer shall
include brickmold casing.
3.
Openings in masonry walls or walls with masonry veneer other
than stucco, shall have a precast lintel; masonry arch; or masonry
header.
4.
Openings in parking structure facades may remain open without
windows.
5.
With the exception of transoms and decorative windows, windows
shall be square or vertically proportioned and rectangular in shape.
The grouping of individual windows to create a horizontal banding
effect is permitted as long as the width of the banding does not exceed
1/2 of the length of the facade.
6.
Adjacent windows shall be separated a minimum of two inches.
7.
Windows and doors shall have clear glass.
8.
Window muntins, if included, shall be true divided lites or
simulated divided lites fixed on the interior and exterior surfaces
of the window and shall create panes of square or vertical proportion
(as tall as wide or taller than wide).
9.
Shutters, if included, shall be the same height as the window,
and 1/2 the width of the window. Small windows may have one shutter
that is the full width of the window. Shutters shall be operable or
designed and installed as if they were operable including hardware.
10.
Miscellaneous Guidelines.
(a) Openings, including dormers, should be centered
vertically with other openings or shall be centered with the wall
between openings.
(b) Openings above should be equal in size or smaller
than openings below.
e.
Roofs.
1.
Principal building sloped roofs shall be a symmetrical hip or
gable and have a minimum pitch of 8:12.
2.
Eaves shall be continuous or include appropriate eave returns,
unless overhanging a balcony or porch.
3.
Miscellaneous Guidelines.
(a)
The ridge of the primary building should generally be oriented
either parallel to or perpendicular to the street.
(b)
All gable and hipped roofs of a building, excluding ancillary
roofs, should generally have the same slope where visible from a street
or open space.
f.
1.
Awnings and canopies shall not be internally illuminated.
2.
Balconies shall not be fully enclosed.
3.
Bay windows shall have visible support, either by extending
the bay to grade with a foundation or transferring the projection
back to the wall with beams, brackets, or brick corbeling.
4.
Chimneys shall extend to grade.
5.
Drive-through facilities shall be designed to match the architecture
of the principal building the facility is attached to.
6.
Porches may be enclosed with glass or screens; however, glass
enclosures are not permitted on porches that face a street or public
open space.
7.
Posts and columns shall be generally classically ordered and
include a base or pedestal, shaft, and capital. The base of posts,
columns, and pedestals shall generally align with the face of the
foundation wall directly below. The outside face of porch beams shall
generally align with the face of the top of the column.
8.
The above standards shall not preclude the provision for outdoor
dining.
9.
Miscellaneous Guidelines.
(a)
Porches should have square or vertically proportioned openings.
(b)
Balcony, porch, and stoop railings between balusters should
have both top and bottom rails.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. Downtown areas often feature more hardscaped areas than
landscaped areas. Landscaping on private property in downtowns is
generally used to screen equipment and refuse storage that detract
from the streetscape and to soften the impact of paved areas in surface
parking lots. It is the intent to provide standards that enhance the
pedestrian experience. Refer to § 12-24, Frontages, for
guidance on landscaping within the public right-of-way.
b.
There shall be planted one shade tree for every six vehicles
and at least 65% of the required trees shall be provided within the
interior of surface parking spaces. The ends of interior parking bays
with a minimum of 12 spaces must be bordered with landscape islands.
The ends of perimeter parking bays shall be bordered by landscape
peninsulas. Each landscape island should contain a minimum of one
three-inch caliper shade tree and have sufficient space for tree growth
and irrigation.
c.
Required parking lot screening must be a minimum of three feet
in height as measured from the adjacent finished surface of the parking
area. Parking lot screening, at a minimum, must consist of:
1.
A compact hedge of evergreen shrubs, at least two feet tall
at planting, spaced to ensure closure into a solid hedge at maturity
and canopy trees at a maximum of 30 feet on center;
2.
An architecturally compatible opaque wall or fence;
3.
A seat wall at seating height; or
4.
A combination of the above.
d.
Retaining walls shall be constructed of or clad in brick, stone,
or stucco.
e.
Decorative walls and fences shall be of a material similar to
the facade material of the principal building on the lot.
f.
All dumpsters, trash receptacles, and refuse storage containers
shall be located within an enclosure providing screening, unless located
adjacent to a loading dock at the rear of the building. Enclosure
shall meet one of the following standards:
1.
A decorative masonry wall with a minimum height of six feet
on three sides and a gate on the fourth side. The gate shall be constructed
with an opaque, non-masonry material. The construction materials of
the wall shall match materials used on the principal building located
on the same lot; or
2.
Medium-sized evergreen shrubs shall be arranged, planted a maximum
of six feet on-center, around the perimeter of the pad area except
the side where access is located. This landscaping requirement does
not apply when the enclosure is an architectural extension of a principal
building.
g.
When technically feasible, outdoor equipment shall be placed
underground. All proposed ground-mounted equipment (i.e., transformers,
air conditioner units, etc.) within view from a street shall be screened
by evergreen shrubs. Medium-sized evergreen shrubs shall be arranged
around the boundary of the equipment and planted a maximum of four
feet on-center. Mechanical equipment on the roof shall be screened
from abutting streets with parapets or other types of visual screening.
In no case shall mechanical equipment be allowed along street frontage(s).
h.
Plant materials should be native, drought-tolerant species.
Invasive plant species are prohibited.
i.
Where possible, provision shall be made for snow removal within
the parking areas so as to minimize damage to landscaped areas.
[Added 10-13-2020 by Ord.
No. 2020-1852]
Stormwater management shall be provided in accordance with Chapter
22, Stormwater Regulations.
[Added 10-13-2020 by Ord.
No. 2020-1852]
Sustainable techniques and practices such as, but not limited
to, recycling, green roofs, and solar power, are encouraged to be
included in development proposals.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. The design of frontages, or the interface of building
fronts and the public right-of-way, is an important consideration.
This section focuses on the pedestrian area between the travelway
and private property. The intent is to promote an environment at street
level that is attractive and comfortable for pedestrians.
b.
Public Frontage Guidelines. Public frontages include the area
within the public right-of-way. For development and redevelopment
that requires improvements to the public right-of-way, the following
standards should guide the design of frontages as suggested by subdistrict
(see Attachment 3-Downtown Zoning District Guidebook). Actual design
may vary depending on the width or condition of the sidewalk and whether
an owner or developer is required to improve the sidewalk along the
frontage of the development.
1.
Sidewalk and Tree Grate. The Sidewalk-Tree Grate public frontage
maximizes the walkable zone and pedestrian amenity zone by maximizing
paved area and including street trees in tree grates. The clear walkable
zone should be a minimum of five feet wide. Trees should be placed
a maximum of 40 feet on center within five foot tree grates that include
sufficient planting area for tree roots below grade.
2.
Sidewalk and Planter. The Sidewalk-Tree Planter public frontage
attempts to balance walkability with streetscaping. Street trees are
located in planters that can aid in stormwater infiltration as well
as provide additional area for tree growth and supplemental plantings.
The clear walkable zone should be a minimum of five feet wide. Trees
should be placed a maximum of 40 feet on center within five foot by
eight foot minimum planters. Supplemental plantings in planter may
include grasses, low shrubs, perennials, and groundcovers.
3.
Sidewalk and Planting Strip. The Sidewalk-Planting Strip public
frontage maximizes the planting area for street trees. It should be
used in areas where pedestrian activity is anticipated to be the lightest.
The clear walkable zone should be a minimum of five feet wide. Trees
should be placed a maximum of 40 feet on center within a minimum five-foot
wide planting strip.
c.
Private Frontages. Private frontages include the area between the public right-of-way and the building face. The following standards should guide the design of frontages as required by subdistrict (see
Attachment 3 - Downtown Zoning District Guidebook).
1.
Shopfront. The shopfront features buildings close to the sidewalk,
shopfront windows, at street level, and most often active uses on
the ground floor.
2.
Forecourt. The forecourt is similar to the Shopfront in that
buildings are typically built close to the sidewalk, but recesses
are permitted to accommodate elements such as outdoor dining or small
courtyards.
3.
Stoop. The stoop is common on residential-type buildings built
close to the sidewalk. It is shallow, covered, and typically raised
above the sidewalk.
4.
Porch. The porch is common on residential-type buildings that
have a shallow yard between the building and sidewalk. Porches are
deep enough to function as a covered outdoor extension of the building.
5.
Parking. The parking frontage acknowledges that certain areas
may require parking between the building and the street. Such parking
is typically limited and is screened from the sidewalk by a year-round
landscaped buffer.
6.
Yard. The yard is simply a deeper lawn between the face of the
building and the sidewalk. The lawn typically contains turf grass
but may include landscaping and trees.
[Added 10-13-2020 by Ord.
No. 2020-1852]
a.
Intent. Standards for lighting in Downtown Bernardsville are
necessary to prevent misdirected or excessive artificial light, caused
by inappropriate or misaligned light fixtures that produce glare,
light trespass (nuisance light) and/or unnecessary sky glow; and also,
that such regulation is necessary to discourage the waste of electricity
and to improve or maintain nighttime public safety, utility and security.
b.
Security Lighting. Where used for security purposes or to illuminate
walkways, roadways and parking lots, only shielded light fixtures
shall be used.
c.
Commercial Lighting. Where used for commercial purposes such
as in merchandise display areas, work areas, platforms, signs, architectural,
landscape or sports or recreational facilities, all light fixtures
shall be equipped with automatic timing devices and comply with the
following:
1.
Light fixtures used to illuminate flags, statues or any other
objects mounted on a pole, pedestal or platform, shall use a narrow
cone beam of light that will not extend beyond the illuminated object.
2.
Other upward directed architectural, landscape or decorative
direct light emissions shall have at least 90% of their total distribution
pattern within the profile of the illuminated structure.
3.
Externally illuminated signs including commercial building identification
or other similar illuminated signs, shall comply with the following:
(a)
Top mounted light fixtures shall be shielded and are preferred.
(b)
When top mounted light fixtures are not feasible, illumination
from other positioned light fixtures shall be restricted to the sign
area. Visors or other directional control devices shall be used to
keep spill light to an absolute minimum.
4.
All other outdoor lighting shall use shielded light fixtures.
d.
Floodlight type fixtures, once properly installed, shall be
permanently affixed in the approved position.
e.
Foundations supporting lighting poles not installed four feet
behind the curb, shall not be less than 24 inches above ground.
f.
When 50% or more of existing outdoor light fixtures are being
replaced or modified, then all lighting must be made to conform to
the provisions of this section.
g.
Light Trespass (Nuisance Light). All light fixtures, except
street lighting, shall be designed, installed and maintained to prevent
light trespass, as specified below:
1.
At a height of five feet above the property line of subject
property, illuminations from light fixtures shall not exceed 0.1 foot-candles
in a vertical plane on residentially zoned property.
2.
Outdoor light fixtures properly installed and thereafter maintained,
shall be directed so that there will not be any objectionable direct
glare source visible above a height of five feet from any property
or public roadway.
h.
Light fixtures near adjacent property may require special shielding
devices to prevent light trespass.
Note: Illustrations for the application of the regulations set
forth herein are illustrated in Attachment 3 entitled: "Bernardsville
Downtown Zoning District Guidebook."
|
[Ord. No. 2018-1772]
a.
Affordable family rental multi-family dwellings;
b.
Market rate multi-family dwellings;
c.
A commercial use at ground level;
d.
Parking and facilities in accordance with § 9-10 of this
chapter or Residential Site Improvement Standards as deemed appropriate
by the local approving Board;
e.
Lower level parking that is more than half its height above
mean building elevation shall be a story, and
f.
Other accessory uses customarily incident to the above uses
provided they not include any activity commonly conducted for gain
unless specifically permitted by this Article.
g.
Commercial uses are not permitted unless the use is within a
mixed-use inclusionary development.
h.
Inclusionary developments must contain at least 500 square feet
of commercial space at ground floor.
i.
Buildings on a street corner must contain at least 1,000 square
feet of commercial space at ground floor. If a building has two frontages
on a street corner, it must provide at least 1,000 square feet at
each corner.
[Ord. No. 2018-1772]
The following requirements must be complied within the AHO-3
Affordable Housing Districts:
a.
Height. No building shall exceed a maximum of four stories or
40 feet in height, whichever is the lesser,
b.
Open Space. No more than 95% of a lot may be covered by an impervious
surface. Any open space provided at ground level must have at least
one dimension measuring at least 20 feet on the side and no dimension
measuring smaller than three feet,
c.
Driveway Position. No portion of any driveway hereafter constructed
shall be within 10 feet of a lot line of an adjacent property,
d.
Minimum Lot Area. The minimum lot area is 24,000 square feet
e.
Lot Shape. It must be possible to fit a circle with a diameter
of 100 feet completely within the lot,
f.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP,
g.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1000
|
Units with more than three bedrooms are not permitted.
|
h.
The maximum number of dwelling units shall be 32 units per acre,
producing 80 rental units which shall include 15% or 12 units for
affordable family rental households.
i.
There shall be a minimum of three affordable family rental units
provided for every 24,000 square feet of lot area.
j.
Minimum distance between apartment buildings is 20 feet.
k.
No building shall contain more than 20 dwellings.
[Ord. No. 2018-1772]
a.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time, this section shall apply.
b.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
c.
Multiple buildings on a single tract shall be designed so as
to be architecturally compatible with one another, utilizing common
color schemes and materials.
d.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
e.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank, windowless or featureless
walls. Also, large expanses of windows, including curtain-wall windows
and other design elements not at a human scale, are strongly discouraged.
f.
The type, shape, pitch, feature and color of any roof shall
be architecturally compatible with the building style, material, colors
and details of other buildings in the area.
g.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
h.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
i.
Green building strategies are encouraged in the AHO-3 Overlay
Zone.
[Ord. No. 2018-1772]
a.
Affordable family multi-family dwellings:
b.
Parking and facilities in accordance with § 9-10 of this
chapter or Residential Site Improvement Standards as deemed appropriate
by the local approving Board, and
c.
Other accessory uses customarily incident to the above uses
provided they not include any activity commonly conducted for gain
unless specifically permitted by this article.
[Ord. No. 2018-1772]
The following requirements must be complied within the AHO-4
Affordable Housing Districts:
a.
Height. No building shall exceed a maximum of 3.5 stories or
40 feet in height, whichever is the lesser,
b.
Front Yard. There shall be a front yard of not less than 50
feet,
c.
Side Yards. There shall be two side yards, and no side yard
shall be less than 20 feet,
d.
Rear Yards. There shall be a rear yard of at least 50 feet,
e.
Driveway Position. No portion of any driveway hereafter constructed
shall be within 10 feet of a lot line of an adjacent property,
f.
Minimum Lot Area. The minimum lot area is 25 acres.
g.
Lot Shape. It must be possible to fit a circle with a diameter
of 170 feet completely within the lot,
h.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP,
i.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1000
|
Units with more than three bedrooms are not permitted.
|
j.
At least six affordable family rental units shall be for very
low-income households.
k.
Minimum distance between buildings is 20 feet.
l.
Maximum density is 14 family rental dwelling units per non-critical
area. Critical areas include: slopes of 15% or greater, wetlands,
lakes, ponds and open waterways, and conservation easements. 15% of
total dwelling units shall be for affordable family rental households;
or 20% of total dwelling units shall be for affordable owner-occupied
family households.
[Ord. No. 2018-1772]
a.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, this section shall
apply.
b.
Overall development shall have a compatible design, architectural
and landscaping scheme for the site,
c.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
d.
Multiple buildings on a single tract shall be designed so as
to be architecturally compatible with one another, utilizing common
color schemes and materials.
e.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
f.
Guidelines for the fronts of buildings shall also apply to the
rear and sides where visible at street level from a public right of
way.
g.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank, windowless or featureless
walls. Also, large expanses of windows, including curtain-wall windows
and other design elements not at a human scale, are strongly discouraged.
h.
The type, shape, pitch, feature and color of any roof shall
be architecturally compatible with the building style, material, colors
and details of other buildings in the area.
i.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
j.
Green building strategies are encouraged in the AHO-4 Overlay
Zone.
[Ord. No. 95-1030 § 12-15.1; Ord. No. 2013-1627; Ord.
No. 2015-1699 § 2; Ord.
No. 2018-1779; Ord. No. 2018-1783]
In the Industrial District a building may be erected or used
and a lot may be used or occupied for any of the following purposes
and uses and no other:
a. The processing of stone or rock products. Processing shall include
grinding, polishing, coloring and otherwise treating the raw materials,
as well as, the further use of such products in the manufacture of
derivative or secondary products which are substantially different
in form or character from the original raw materials.
b. Bulk storage, wholesale and warehousing. (1) Wholesale establishments
including, but not limited to, lumber and building materials sales,
machinery sales and service, contractors' heavy equipment sales, rental
and service and nursery and landscaping sales; (2) the storage of
building material, trees, tree parts and bulk materials; (3) the parking
or storage of vehicles or the maintenance or repair of commercial
and industrial vehicles or equipment; and (4) parcel delivery and
service distribution facilities.
c. Shops such as construction and industrial trade shops, boat works
(custom building and repair), ornamental iron workshops and monument
works.
d. The manufacture or assembly of small parts and equipment.
e. Public utilities and facilities.
g. Fuel oil storage and distribution.
h. Recycling facility for the recycling of concrete, asphalt and soil.
i. Retail sales shall be allowed as an accessory use incidental and
subordinate to uses permitted in this zone. Areas devoted to retail
sales shall be limited to 1,000 square feet.
j. Materials
recovery facility; shall be subject to the following:
[Added 7-13-2020 by Ord. No. 2020-1843]
1. Materials
to be recovered and recycled are limited to construction, demolition,
and bulky solid waste; and
2. Demonstration
that the applicant-user can comply with all Somerset County and State
Department of Environmental Protection rules and regulations, including,
but not limited to, N.J.A.C. 7: 26-2.1 et seq.; and
3. Capacity
of facility is less than 100 tons per day; and
4. All
construction, demolition and bulky solid waste materials shall be
delivered, separated and processed within an enclosed building.
k. Other accessory uses on the same lot and customarily incidental to
the principal use, such as office and shipping facilities, machine
shop, locker room, boiler room, scale house, concrete plant, asphalt
plant and rock crushers.
[Ord. No. 95-1030 § 12-15.2]
Any use other than those in Subsection 12-18.1 is prohibited
as well as any use which is predominantly retail oriented or will
produce or emit injurious noise, fumes, smoke, odor, vibration or
hazard to the community.
[Ord. No. 95-1030 § 12-15.3; Ord. No. 2005-1377 § 3]
The following conditions must be complied with in the Industrial
District:
a. Minimum Lot or Condominium Area. The Industrial District may be subdivided
into separate lots or condominium areas which shall have a minimum
area of 50,000 square feet, and a shape which can accommodate a 100-foot
diameter circle.
b. Height. No building shall exceed a height of two stories or 35 feet,
whichever is the lesser.
c. Front Yard. There shall be a front yard of not less than 10 feet.
d. Side Yards. There shall be a fifteen-foot setback along one side
of the property which shall be kept clear for the purpose of emergency
access.
e. Rear Yard. There shall be a fifteen-foot rear yard setback which
shall be kept clear for emergency equipment access.
f. Access. The individual lots or condominium parcels shall be provided
access by a private drive within a right-of-way of at least 40 feet
in width. A declaration of rights shall be recorded.
g. The maximum lot area coverage shall be 75%.
h. Minimum Frontage. Each lot or condominium parcel shall have a minimum
frontage of 50 feet along the private right-of-way.
i. Prior to final site plan or subdivision approval, a condominium or
property owners association shall be established to take care of the
development and maintenance of all private facilities and services
supporting this district including, but not limited to private road,
entrance and railroad gate, stormwater management, perimeter fencing
and berming, pond security, water supply, sewerage collection and
treatment facilities, signage and slope stability.
j. That portion of the Industrial District above elevation 400 and between
the elevation and the Residential District(s) shall be a conservation
area where no building or industrial activity shall take place, as
shown on the Zone Boundary Amendment Map prepared by Yannaccone Associates,
Inc. dated March 23, 1995 and amended to April 27, 1995.
k. Parking and loading shall be provided in accordance with § 9-10.
[Ord. No. 96-1057 § 1; Ord. No. 2005-1376 § 1]
This zone district is provided for existing light industrial
workshops and other similar uses. Because of the limited capacity
of local streets adjacent to this zone, uses which generate nonresidential
vehicle traffic are to be limited and uses which have large numbers
of commercial vehicles are prohibited.
a. Workshops of craftsman and tradesman in the construction industry,
ornamental ironwork workshops, monument workshops and similar workshop
establishments.
c. Light industrial workshops and/or assembly of small parts workshops.
[Ord. No. 96-1057 § 1]
Customary and incidental accessory uses to a principal use such
as office, shipping facilities, machine ship, locker room, fuel storage,
employee parking and equipment parking are permitted.
[Ord. No. 96-1057 § 1]
Customary and incidental accessory structures to the principal
structure such as storage sheds and garages are permitted. The height
shall not exceed one story or 15 feet whichever is the lesser. All
yards for an accessory structure shall be a minimum of 15 feet. No
accessory structure shall be located in the front yard.
[Ord. No. 96-1057 § 1]
a. Retail sales of goods and services.
b. Vehicle maintenance and repair facilities.
c. Distribution or warehousing.
d. Commercial waste hauler depot or waste transfer station.
e. Fuel distribution business.
g. Storage and/or parking of equipment and/or vehicles not accessory
to the principal permitted use.
[Ord. No. 97-1057 § 1]
a. Height. No building shall exceed a height of two stories or 30 feet,
whichever is the lesser.
b. Front Yard. Not less than 10 feet for existing structures and not
less than 40 feet for new structures.
c. Side Yards. Not less than 15 feet for existing structures and not
less than the height of the principal structure for new structures.
d. Rear Yard. Not less than 15 feet for existing structures and not
less than the height of the principal structure for new structures.
e. Minimum Lot Area. There shall be a minimum lot area, as defined,
of 20,000 square feet; the lot shape shall be such that the minimum
lot width at the front setback line is 100 feet.
f. Maximum lot area coverage for structures is 30%.
g. Maximum impervious coverage is 70%.
[Ord. No. 96-1057 § 1]
All required setbacks shall be landscaped areas and shall not
contain any structures, storage, parking or other similar improvements
or uses. Where the property abuts a residential zone, a fifteen-foot
buffer shall be established consisting of either natural vegetation
or landscape plantings to form a vision proof barrier into the I-2
property.
[Ord. No. 96-1057 § 1]
a. Parking shall be provided as in § 9-10 of this chapter.
b. Parking shall only be permitted for those commercial vehicles which
are owned or used by an on-site use permitted in this zone district.
c. No more than 40% of vehicle parking shall be for commercial and/or
nonresidential type vehicles.
[Ord. No. 96-1057 § 1]
No commercial vehicle associated with permitted land uses within
the zone shall be operated on the property, nor ingress and egress,
the property between the hours of 7:00 p.m. and 7:00 a.m. In the event
of an emergency service provided by any of the permitted land uses,
these hours of operation shall not apply.
[Ord. No. 2018-1772 § 5]
a. Primary Intended Use.
1.
Affordable family rental multi-family dwellings:
2.
Parking and facilities in accordance with § 9-10 of this
chapter or Residential Site Improvement Standards as deemed appropriate
by the local approving Board,
3.
Other accessory uses customarily incident to the above uses
provide they not include any activity commonly conducted for gain
unless specifically permitted by this article, and
4.
No more than one principal building on a lot.
b. Required Conditions.
The following requirements must be complied with in the AH-1
Affordable Housing Districts:
1.
Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser,
2.
Front Yard. There shall be a front yard of not less than 15
feet,
3.
Side Yards. There shall be two side yards, and no side yard
shall be less than 10 feet,
4.
Rear Yards. There shall be a rear yard of at least 10 feet,
5.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
6.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1,000
|
Units with more than 3 bedrooms are not permitted.
|
7.
The maximum number of dwelling units shall not exceed six affordable
family rental units.
c. Design Standards.
1.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time shall apply.
2.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
3.
Multiple buildings on a single tract shall be designed so as
to be architecturally compatible with one another, utilizing common
color schemes and materials.
4.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
5.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
6.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank or featureless walls. Also,
large expanses of windows, including curtain-wall windows and other
design elements not at a human scale, are strongly discouraged.
7.
The type, shape, pitch, feature and color of a roof shall be
architecturally compatible with the building style, material, colors
and details of other buildings in the area.
8.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
9.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
10.
Green building strategies are encouraged in the AH-1 Zone.
[Ord. No. 2018-1772 § 5; Ord. No. 2018-1778 § 2]
a. Primary Intended Use.
1.
Affordable family rental multi-family dwellings:
2.
Parking and facilities in accordance with § 9-10 of this
chapter or Residential,
3.
Site Improvement Standards as deemed appropriate by the local
approving Board,
4.
Other accessory uses customarily incident to the above uses
provide they not include any activity commonly conducted for gain
unless specifically permitted by this article.
b. Required Conditions.
The following requirements must be complied with in the AH-2
Affordable Housing Districts:
1.
Height. No building shall exceed a maximum of 3.0 stories or
35 feet in height, whichever is the lesser,
2.
Front Yard. There shall be a front yard of not less than 25
feet,
3.
Side Yards. There shall be two side yards, and no side yard
shall be less than 20 feet,
4.
Rear Yards. There shall be a rear yard of at least 20 feet,
5.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
6.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1,000
|
Units with more than three bedrooms are not permitted.
|
7.
The maximum number of dwellings shall not exceed 30 rental age-restricted
affordable dwellings.
8.
At least one-third of the affordable dwelling units shall be
for very low-income households as defined in the definitions.
9.
Minimum distance between buildings is 20 feet.
c. Design Standards.
1.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time, shall apply.
2.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
3.
Multiple buildings on a single tract shall be designed so as
to be architecturally compatible with one another, utilizing common
color schemes and materials.
4.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
5.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
6.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank or featureless walls. Also,
large expanses of windows, including curtain-wall windows and other
design elements not at a human scale, are strongly discouraged.
7.
The type, shape, pitch, feature and color of a roof shall be
architecturally compatible with the building style, material, colors
and details.
8.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
9.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
10.
Green building strategies are encouraged in the AH-2 Zone.
[Ord. No. 2018-1772 § 5;
amended 6-27-2022 by Ord. No. 2022-1918]
a. Primary Intended Use.
1.
Affordable family rental multi-family dwellings:
2.
Parking and similar such facilities.
(a)
Parking shall be required in accordance with N.J.A.C. § 5:21-4.14,
Residential Site Improvement Standards.
(b)
Parking regulations may be relaxed by the approving Board without
need for variance relief where an applicant can demonstrate to the
Board's satisfaction that parking standards can be reduced pursuant
to N.J.A.C. § 5:21-4.14(c) where an alternative standard
better reflects local conditions. Factors affecting the minimum number
of parking spaces include household characteristics, availability
of mass transit, urban versus suburban location, and available off-site
parking resources.
3.
Other accessory uses customarily incident to the above uses
provide they do not include any activity commonly conducted for gain
unless specifically permitted by this Article.
b. Required Conditions. The following requirements must be complied
with in the AH-3 Affordable Housing Districts:
1.
Height. No building shall exceed a maximum of 3.0 stories and
40 feet in height.
2.
Front Yard. There shall be a front yard of not less than 35
feet however, entryways porches and terraces may encroach into the
required front yard setback but shall not encroach greater than 15
feet.
3.
Side Yards. There shall be two side yards, and no side yard
shall be less than 15 feet.
4.
Rear Yards. There shall be a rear yard of at least 50 feet.
5.
Maximum Building Coverage. Maximum building coverage shall not
exceed 30%.
6.
Maximum Impervious Coverage. Maximum impervious coverage shall
not exceed 50%.
7.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
8.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1,000
|
Units with more than three bedrooms are not permitted.
|
9.
The maximum number of family rental affordable dwellings shall
not exceed 26 inclusive of one superintendent unit.
10.
Residential development shall be restricted to only affordable
housing units and shall be subject to all terms and conditions pursuant
to Article 13 of this chapter entitled "Affordable Housing."
11.
As an affordable housing development, and in an effort to remove
unnecessary cost generative fees, such development shall be exempt
from any tree replacement fees, traffic impact fees, open space fees,
or such other similar impact fees in the Land Use Ordinance.
12.
Steep slope disturbance regulations pursuant to Subsection 14-2.6
regarding maximum surface disturbance of steep slope areas is hereby
modified specific to this zone as follows:
Maximum Surface Disturbance Shall Not Exceed:
|
---|
Slope Category
|
Percent of Category
|
---|
15-24.99%
|
75%
|
25-29.99%
|
55%
|
30% or greater
|
50%
|
c. Design Standards.
1.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time shall apply.
2.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
3.
Multiple buildings on a single tract shall be designed so as
to be architecturally compatible with one another, utilizing common
color schemes and materials.
4.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
5.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
6.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank or featureless walls. Also,
large expanses of windows, including curtain-wall windows and other
design elements not at a human scale, are strongly discouraged.
7.
The type, shape, pitch, feature and color of a roof shall be
architecturally compatible with the building style, material, colors
and details of other buildings in the area.
8.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
9.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
10.
Green building strategies are encouraged in the AH-3 Zone.
d. Superseding Other Zoning. The use, bulk, design and performance standards
addressed in the AH-3 Zone shall supersede the zoning provisions and
design standards of the balance of the Bernardsville Land Use Ordinance.
To the extent regulations and standards of the AH-3 Zone are silent,
the standards of the Land Use Ordinance shall apply.
[Ord. No. 2018-1772 § 5]
a. Primary Intended Use.
1.
Affordable family rental multi-family dwellings:
2.
Parking and facilities in accordance with § 9-10 of this
chapter or Residential Site Improvement Standards as deemed appropriate
by the local approving Board,
3.
Other accessory uses customarily incident to the above uses
provide they not include any activity commonly conducted for gain
unless specifically permitted by this Article.
b. Required Conditions.
The following requirements must be complied with in the AH-1
Affordable Housing Districts:
1.
Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
2.
Front Yard. There shall be a front yard of not less than 25
feet.
3.
Side Yards. There shall be two side yards, and no side yard
shall be less than 10 feet.
4.
Rear Yards. There shall be a rear yard of at least 15 feet.
5.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
6.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1,000
|
Units with more than three bedrooms are not permitted.
|
7.
The maximum number of dwelling units shall not exceed 10 affordable
family units.
8.
Minimum distance between buildings is 20 feet.
c. Design Standards.
1.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time shall apply.
2.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
3.
Multiple buildings on a single tract shall be designed so as
to be architecturally compatible with one another, utilizing common
color schemes and materials.
4.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
5.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
6.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank or featureless walls. Also,
large expanses of windows, including curtain-wall windows and other
design elements not at a human scale, are strongly discouraged.
7.
The type, shape, pitch, feature and color of a roof shall be
architecturally compatible with the building style, material, colors
and details of other buildings in the area.
8.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
9.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
10.
Green building strategies are encouraged in the AH-4 Zone.
[Ord. No. 2018-1772 § 5]
a. Primary Intended Use.
1.
Affordable family rental multi-family dwellings:
2.
Parking and facilities in accordance with § 9-10 of this
chapter or Residential Site Improvement Standards as deemed appropriate
by the local approving Board.
3.
Other accessory uses customarily incident to the above uses
provide they not include any activity commonly conducted for gain
unless specifically permitted by this Article.
b. Required Conditions.
The following requirements must be complied with in the AH-5
Affordable Housing Districts:
1.
Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
2.
Front Yard. There shall be a front yard of not less than 25
feet.
3.
Side Yards. There shall be two side yards, and no side yard
shall be less than 10 feet.
4.
Rear Yards. There shall be a rear yard of at least 25 feet.
5.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
6.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1,000
|
Units with more than three bedrooms are not permitted.
|
7.
The maximum number of family rental affordable dwellings shall
not exceed eight units.
8.
Minimum distance between buildings is 15 feet.
c. Design Standards.
1.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time, shall apply.
2.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
3.
Multiple buildings on a single tract shall be designed so as
to be architecturally compatible with one another, utilizing common
color schemes and materials.
4.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
5.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
6.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank or featureless walls. Also,
large expanses of windows, including curtain-wall windows and other
design elements not at a human scale, are strongly discouraged.
7.
The type, shape, pitch, feature and color of a roof shall be
architecturally compatible with the building style, material, colors
and details of other buildings in the area.
8.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
9.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
10.
Green building strategies are encouraged in the AH-5 Zone.
[Added 6-27-2022 by Ord. No. 2022-1918]
a. Primary Intended Use.
1.
Affordable family rental multi-family dwellings:
2.
Parking and similar such facilities.
(a)
Parking shall be required in accordance with N.J.A.C. § 5:21-4.14,
Residential Site Improvement Standards.
(b)
Parking regulations may be relaxed by the approving Board without
need for variance relief where an applicant can demonstrate to the
Board's satisfaction that parking standards can be reduced pursuant
to N.J.A.C. § 5:21-4.14(c) where an alternative standard
better reflects local conditions. Factors affecting the minimum number
of parking spaces include but are not limited to household characteristics,
availability of mass transit, urban versus suburban location, and
available off-site parking resources.
3.
Other accessory uses customarily incident to the above uses
provide they do not include any activity commonly conducted for gain
unless specifically permitted by this Article.
b. Required Conditions. The following requirements must be complied
with in the AH-6 Affordable Housing Districts:
1.
Height. No building shall exceed a maximum of 2 stories or 35
feet in height, whichever is the lesser.
2.
Front Yard. There shall be a front yard of not less than 10
feet however, entryways and porches may encroach into the front yard
setback but by no more than 5 feet.
3.
Side Yards. There shall be two side yards, and no side yard
shall be less than 5 feet.
4.
Rear Yards. There shall be a rear yard of at least 8 feet.
5.
Maximum Building Coverage. Maximum building coverage shall not
exceed 25%.
6.
Maximum Impervious Coverage. Maximum impervious coverage shall
not exceed 65%.
7.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
8.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1,000
|
Units with more than three bedrooms are not permitted.
|
9.
The maximum number of family rental affordable dwellings shall
not exceed twelve (12) units.
10.
Residential development shall be restricted to only affordable
housing units and shall be subject to all terms and conditions pursuant
to Article 13 of this chapter entitled "Affordable Housing."
11.
As an affordable housing development, and in an effort to remove
unnecessary cost generative fees, such development shall be exempt
from any tree replacement fees, traffic impact fees, open space fees,
or such other similar impact fees in the Land Use Ordinance.
c. Design Standards.
1.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time, shall apply.
2.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
3.
Multiple buildings on a single tract are permitted but shall
be designed so as to be architecturally compatible with one another,
utilizing common color schemes and materials.
4.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
5.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
6.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank or featureless walls. Also,
large expanses of windows, including curtain-wall windows and other
design elements not at a human scale, are strongly discouraged.
7.
The type, shape, pitch, feature and color of a roof shall be
architecturally compatible with the building style, material, colors
and details of other buildings in the area.
8.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
9.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
10.
Green building strategies are encouraged in the AH-6 Zone.
d. Superseding Other Zoning. The use, bulk, design and performance standards
addressed in the AH-6 Zone shall supersede the zoning provisions and
design standards of the balance of the Bernardsville Land Use Ordinance.
To the extent regulations and standards of the AH-6 Zone are silent,
the standards of the Land Use Ordinance shall apply.
[Added 6-27-2022 by Ord. No. 2022-1918]
a. Primary Intended Use.
1.
Affordable family rental multi-family dwellings:
2.
Parking and similar such facilities.
(a)
Parking shall be required in accordance with N.J.A.C. § 5:21-4.14,
Residential Site Improvement Standards.
(b)
Parking regulations may be relaxed by the approving Board without
need for variance relief where an applicant can demonstrate to the
Board's satisfaction that parking standards can be reduced pursuant
to N.J.A.C. 5:21-4.14(c) where an alternative standard better reflects
local conditions. Factors affecting the minimum number of parking
spaces include household characteristics, availability of mass transit,
urban versus suburban location, and available off-site parking resources.
3.
Other accessory uses customarily incident to the above uses
provide they do not include any activity commonly conducted for gain
unless specifically permitted by this Article.
b. Required Conditions. The following requirements must be complied
with in the AH-7 Affordable Housing Districts:
1.
Height. No building shall exceed a maximum of 2 stories or 35
feet in height, whichever is the lesser.
2.
Front Yard. There shall be a front yard of not less than 10
feet from Bernards Avenue and not less than 5 feet from Grove Street,
however, entryways and porches may encroach into the front yard setback
but by no more than 5 feet from Bernards Avenue which shall serve
as the main entrance to the building.
3.
Side Yards. There shall be two side yards, and no side yard
shall be less than 5 feet.
5.
Maximum Building Coverage. Maximum building coverage shall not
exceed 40%.
6.
Maximum Impervious Coverage. Maximum impervious coverage shall
not exceed 85%.
7.
Building Envelope. The building envelope shall exclude areas
located within flood plains, wetlands and wetland buffers, except
as may be approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
8.
Minimum Floor Area. Every dwelling hereafter erected shall have
a minimum floor area excluding garages of:
Unit Type
|
Minimum Floor Area
(Square Feet)
|
---|
0 Bedroom (Studio)
|
500
|
1 Bedroom
|
675
|
2 Bedrooms
|
900
|
3 Bedrooms
|
1,000
|
Units with more than three bedrooms are not permitted.
|
9.
The maximum number of family rental affordable dwellings shall
not exceed twenty-two (22) units.
10.
Residential development shall be restricted to only affordable
housing units and shall be subject to all terms and conditions pursuant
to Article 13 of this chapter entitled "Affordable Housing."
c. Design Standards.
1.
The design standards contained herein shall supplement the design
and performance standards contained in Article 9-10 of Borough of
Bernardsville Regulations. If there is a conflict, Article 9-10, as
amended from time to time, shall apply.
2.
New buildings shall relate to existing buildings and other structures
in the vicinity that have a visual relationship to the site.
3.
Multiple buildings on a single tract are permitted but shall
be designed so as to be architecturally compatible with one another,
utilizing common color schemes and materials.
4.
Building facades shall be consistent with the size, scale and
setbacks of adjacent buildings and those where there is a visual relationship.
5.
The appearance of the side and rear elevations of buildings
is important. Therefore, guidelines for the fronts of buildings shall
also apply to the rear and sides where visible at street level from
a public right-of-way.
6.
Buildings shall be designed so as to prevent exterior elevations
from containing large expanses of blank or featureless walls. Also,
large expanses of windows, including curtain-wall windows and other
design elements not at a human scale, are strongly discouraged.
7.
The type, shape, pitch, feature and color of a roof shall be
architecturally compatible with the building style, material, colors
and details of other buildings in the area.
8.
Flat roofs shall be enclosed by parapets or other appropriate
architectural details.
9.
All open space shall be designed and landscaped in a way to
allow for easy maintenance and limited encroachment onto any public
right of way. Additionally, all private open space shall be designed
in a way that allows for a reasonable level of enjoyment by residents.
10.
Green building strategies are encouraged in the AH-7 Zone.
11.
As an affordable housing development, and in an effort to remove
unnecessary cost generative fees, such development shall be exempt
from any tree replacement fees, traffic impact fees, open space fees,
or such other similar impact fees in the Land Use Ordinance.
d. Superseding Other Zoning. The use, bulk, design and performance standards
addressed in the AH-7 Zone shall supersede the zoning provisions and
design standards of the balance of the Bernardsville Land Use Ordinance.
To the extent regulations and standards of the AH-7 Zone are silent,
the standards of the Land Use Ordinance shall apply.
[Added 11-22-2021 by Ord. No. 2021-1901]
[Added 11-22-2021 by Ord. No. 2021-1901]
This zone district is designed for single family residential
development as permitted and regulated within the underlying R-3 Residence
District however, in addition to those uses permitted within the R-3
Residence District, the R-3A Residence Overlay District shall also
permit two-family residences designated solely for affordable housing
subject to all the regulations and restrictions of the underlying
R-3 zone. Any two-family residence within the R-3A Residence Overlay
District shall be deed restricted as affordable housing units in accordance
with the Borough of Bernardsville Affordable Housing Ordinance requirements.
[Ord. No. 2002-1271 § 1]
This zone district is designed for single family residential
use but permits:
a. Private garages conforming to Subsection 12-23.4.
b. Local municipal public buildings and uses.
c. Farming and Truck Gardening. No building nor other shelter for keeping
of any farm animal or fowl shall be permitted closer to any street
than 300 feet nor closer to any other property line than 100 feet.
d. Parking and facilities in accordance with § 9-10 of this chapter.
e. Signs conforming to Subsection 12-23.15 of this chapter.
f. Other accessory uses customarily incident to the above uses provided
they do not include any activity commonly conducted for gain unless
specifically permitted in this Article.
g. Conditional uses pursuant to § 12-25, limited to the following:
1.
Open Space Residential Development;
5.
Caretaker's accessory apartments;
6.
Accessory dwelling unit, detached.
h. Not more than one principal building on a lot.
[Ord. No. 2002-1271 § 1]
Any use other than those uses listed in Subsection
12-5.1 is prohibited.
[Ord. No. 2002-1271 § 1; Ord. No. 2002-1274 §§ 7,
8; Ord. No. 2009-1508 § 1; Ord. No. 2009-1516 §§ 1,
2]
The following requirements must be complied with in the R-1-10
Residence District:
a. Height. No building shall exceed a maximum of 2 1/2 stories
or 35 feet in height, whichever is the lesser.
b. Front Yard. There shall be a front yard of not less than 125 feet,
except that where the existing buildings on the same side of the street
and within 700 feet from each side line, exclusive of streets or private
roads, form an irregular setback line, new buildings may conform to
the average of such irregular setback lines, provided that no new
building may project closer than 100 feet to the street or road property
line nor need setback more than 125 feet from the property line. A
less than required setback line for an existing principal building
may be extended laterally along the line, provided that the front
yard toward the street property line is not further encroached upon
and that the side line requirements are observed.
c. Side Yards. There shall be two side yards, and no side yard shall
be less than 75 feet. These requirements shall apply for a new building
and for an alteration to an existing building. Additions to dwellings
with insufficient side yard setbacks, existing on April 21, 1997,
shall be permitted if the dwelling is set back at least 40 feet from
the side property line and if the addition is no closer to the side
property line than the existing structure.
d. Rear Yards. There shall be a rear yard of at least 100 feet. This
requirement shall apply for a new building and for an alteration to
an existing building.
e. Access Corridor. No lot shall have a street frontage of less than
50 feet. The width of any corridor providing access to a street shall
be at least 50 feet at all points.
f. Driveway Position. No portion of any driveway hereafter constructed
shall be within 10 feet of a lot line of an adjacent property.
g. Minimum Lot Area. The minimum lot area is 435,600 square feet.
h. Lot Shape. It must be possible to fit a circle with a diameter of
475 feet completely within the lot.
i. Building Envelope. The building envelope shall exclude areas located
within flood plains, wetlands and wetland buffers, except as may be
approved by the New Jersey Department of Environmental Protection
(NJDEP) and no floodplain nor wetlands nor wetland buffers shall be
disturbed without the appropriate permits having been issued by the
NJDEP.
j. Surface Disturbance. Disturbance of land containing slopes over 15%
shall be limited as per the following table, based on ten-foot contour
intervals, as shown on a grading plan. The ten-foot contour intervals
utilized to establish these categories should be those which result
in the greatest slope, rather than simply using those contours which
are multiples of 10.
Maximum Surface Disturbance per Lot Shall Not Exceed the Greater
of:
|
---|
Slope Category
|
Percent of Category
|
Square Feet
|
---|
15-24.99%
|
20%
|
1,000
|
25-29.99%
|
None
|
500
|
30% or greater
|
None
|
250
|
1.
Exemptions. The following are exempt from the above slope disturbance
limits:
(a)
Septic system repair/alterations: Repairs to malfunctioning
septic systems and alterations to septic systems (including the relocation
of the field and/or tank and/or other related facilities), on lots
which are not subject to a lot development plan for other reasons
(such as new buildings, additions, or other significant land disturbance),
and which are not for the purpose of expanding in order to accommodate
additional bedrooms, subject to the following conditions, to the satisfaction
of the Health Department:
(1) Septic system repairs/alterations with no expansion
of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional
bedrooms; and
(2) The slope area to be disturbed is the minimum amount
possible to complete the alteration; and
(3) The design engineer certifies on the plan that
there is no practicable alternative for the placement of the system
on the property that disturbs no steep slope areas; and
(4) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
(5) The design engineer shall submit photos prior to
disturbance and after completion, along with a certification that
the limits of disturbance and grading were completed in accordance
with the approved plans meeting the above criteria.
(b)
Temporary disturbance of land for the installation of underground
lines (sewer laterals, water service, other utility lines) servicing
existing buildings, subject to the following conditions:
(1) The trench into which the utility line is placed
shall be no wider than necessary to comply with the United States
Occupational Safety and Health Administration safety standards for
excavations, set forth at 29 CFR Part 1926, Subpart P.; and
(2) Temporary disturbance, such as temporary construction
clearing or temporary storage of dirt or equipment, shall be the minimum
size necessary; and
(3) The activities shall not cause any change in preconstruction
elevation of the steep slope area; and
(4) Backfill the uppermost six inches of any excavation
with the original topsoil material; and
(5) The disturbed area shall be replanted with indigenous
plants;
(6) The disturbed area shall be stabilized in accordance
with the requirements of the appropriate Soil Conservation District.
k. Minimum Floor Area. Every dwelling hereafter erected shall have a
minimum floor area excluding garages of 1,500 square feet.
l. Additional Requirements. For additional requirements relating to
floor area, impervious coverage and front setback modification, see
Subsection 12-23.19.
[Ord. No. 2002-1271 § 1]
Lots which do not conform to the R-1-10 minimum lot size of
435,600 square feet but which conformed to the R-1 lot size at the
time of adoption of the R-1-10 Zone District shall be classified as
conforming lots and shall be afforded all rights and privileges thereto
consistent with the area, height and bulk standards of the R-1 Zone
District.
[Ord. No. 581 § 12-17.2A; Ord. No. 97-1094 §§ 8,9; Ord. No. 98-1148 § 1; Ord. No. 99-1167 § 4; amended 10-26-2020 by Ord. No.
2020-1858]
No accessory building may be built on any lot on which there
is no principal building or structure. If, as the result of a subdivision,
an existing accessory building is located on a new lot on which there
is no principal building or structure, that accessory building may
remain on the lot, but it may not be used until a new principal building
or structure is built on that lot.
a. No accessory building shall exceed the height regulations of the
district in which it is constructed, provided, however, this shall
not apply to accessory farm buildings such as barns, silos and water
towers.
b. Accessory buildings shall be at least 10 feet from any principal
building situated on the same lot, unless an integral part thereof,
and shall be at least six feet from any other accessory building.
c. Accessory buildings on corner lots may not be erected nearer to the
street than the front yard required on the adjacent lot.
d. No accessory building wall shall be located nearer to any side or
rear lot line than the following distances:
R-1
|
40 feet*
|
R-1-10
|
40 feet*
|
R-1A
|
40 feet*
|
R-2
|
30 feet
|
R-3
|
15 feet
|
R-4
|
10 feet
|
R-5
|
7 feet
|
* See Subsection g below.
|
e. No accessory building shall be used as a dwelling unit in any of
the zone districts except as provided in Subsection 12-5.1g relative
to detached accessory dwelling units in the R-1 zone if approved as
a conditional use.
f. No accessory building shall be erected in a front yard. On a residential
lot, nonhabitable accessory structures limited to swimming pools,
tennis courts, and garages are permitted in a front yard provided
they are located at least 1 1/2 times the minimum front yard
setback from the front street property line.
g. All accessory buildings over 20 feet in height as defined in this
chapter and located in the R-1, R-1-10 and R-1A Zones shall be set
back a distance equal to two times the building height (as defined
by this chapter).
[Ord. No. 581 § 12-17.2; Ord. No. 91-870 § 1]
Nothing in this chapter shall be interpreted as prohibiting
public utility distribution facilities, such as water distribution
lines, sanitary sewers and telephone, electric, cable TV and natural
gas distribution lines, along with related attendant facilities, intended
for local service, which utility systems are permitted in all zone
districts when approved by the appropriate serving utility agency.
Other public utility installations, including, but not necessarily
limited to, utility service and maintenance yards, electrical power
generating stations, utility truck storage and utility maintenance
buildings and yards, are permitted as conditional uses, but only when
meeting the requirements of Subsection 12-25.21.
[Ord. No. 581 § 12-17.2; Ord. No. 94-992 § 2; Ord. No. 2015-1688 § 2]
To facilitate access by fire engines all driveways must meet
the following standards:
a. To permit turnaround, driveways of 200 feet or more in length (from
street to principal structure) shall provide either a K-turn with
at least 50 feet depth, at least 14 feet improved width, and at least
45 feet center line radius, or a loop of at least 14 feet improved
width and at least 45 feet center line radius, or other equivalent
facilities approved by the Fire Prevention Bureau, within 200 feet
of the principal structure.
b. For driveways longer than 50 feet (from street to principal structure),
horizontal curves shall have a center line radius of at least 45 feet
and improved width of at least 14 feet, and the remainder of the driveway
shall have an unobstructed width of at least 12 feet (for instance,
at gates).
c. At the intersection of a driveway longer than 50 feet (from street
to principal structure) with the street, the first 30 feet of the
driveway shall not have a change in slope in excess of 15% inclusive
of the crown of the road. All angles between the driveway center line
and the street shall be 60° or more.
d. See also Subsection 12-23.19d.
[Ord. No. 581 § 12-17.3; Ord. No. 2015-1697 § 2]
No building permit shall hereinafter be granted for the erection
of a garage for more than four motor vehicles in a residential zone
district. A garage shall be connected by an adequately surfaced driveway
to the adjacent street, road or lane. The provisions of this section
must be met on the single lot for which the garage, carport or approved
shelter is accessory to the main use of the premises. These provisions
shall not be deemed to limit commercial trucks or cars used upon a
farm.
[Ord. No. 581 § 12-17.4]
On any corner lot in any residence zone district no fence, structure
or planting over 30 inches in height above the curb or edge of roadway
shall be erected or maintained within 20 feet of the corner property
line so as to interface with traffic visibility across the corner.
[Ord. No. 581 § 12-17.5; Ord. No. 97-1094 § 7]
Where a lot is bounded by more than one street or private road,
the front setback requirement shall apply to all sides adjacent to
the streets or private roads except, however, in the R-4 and R-5 Zones
which shall use the minimum front setback from the side with the least
street frontage and use the following setback from the street with
the greater frontage: R-4 Zone, the greater of 30 feet or the result
of subtracting 45 feet from the lot width perpendicular to the side
of the lot with the longer street frontage, but the latter need not
exceed the normal front yard setback; R-5 Zone, the greater of 15
feet or the result of subtracting 35 feet from the lot width perpendicular
to the side of the lot with the longer street frontage, but the latter
need not exceed the normal front yard setback. The other remaining
sides which are not bounded by a street shall be considered as side
yards with the applicable requirement for that zone.
[Ord. No. 581 § 12-17.6; Ord. No. 97-1085 § 2; Ord. No. 97-1103 § 1; Ord. No. 2005-1413 § 1; Ord. No. 2015-1704]
The outside storage and display of merchandise for sale ("outside"
meaning any area not enclosed by walls on all sides and covered by
a roof) shall be prohibited except as set forth below:
a. Outdoor Storage, Display and Sales in the B-1, C-1 and HD Districts:
1.
Seasonal displays and sales of plants (including pumpkins),
flowers, trees and shrubs shall be permitted from March 1 through
December 31 of each year;
2.
Storage of construction items, lumber and bagged materials (cement,
peat moss, mulch, lime, etc.) can be located only in a rear or side
yard, shall be properly screened from the roadway and neighboring
properties, and shall be stacked no higher than six feet or the height
of a single pallet or other load as delivered, whichever is the higher;
3.
Sidewalk sales shall be governed by Subsection 12-12.1b; and
4.
Used car sales shall be governed by Subsection 12-12.2.
b. General Restrictions.
1.
Such merchandise cannot occupy any State, County or municipal
right-of-way or designated fire lanes;
2.
Such merchandise cannot occupy a public or private sidewalk
unless the sidewalk is wide enough to include, along with the merchandise,
an unobstructed walk width of at least four feet;
3.
Such merchandise cannot occupy any vehicular driveway or accessway
providing ingress and egress to the premises;
4.
Such merchandise cannot occupy parking areas or portions thereof,
including parking aisles and landscaped buffer areas; and
5.
Additional lighting intended to accommodate the outside storage,
display and sale of such merchandise must comply with municipal lighting
standards.
[Ord. No. 581 § 12-17.7]
No land or premises may be used and no building or structure
may be erected, razed, moved, extended, enlarged, altered or used
for any purpose other than a purpose permitted herein for the zone
district in which it is located, and all construction and uses shall
be in conformity with the regulations provided for the zone district
in which such building or premises is located.
[Ord. No. 581 § 12-17.8]
The control and the regulation of the uses of buildings and
structures as herein provided shall equally apply to the nature and
extent of the use of the land.
[Ord. No. 581 § 12-17.9]
No permit shall be granted for a building or use if the design
or construction of same involves or is likely to involve exceptional
risk of traffic congestion, public safety or a hazard.
[Ord. No. 581 § 12-17.10]
No permit shall be granted for a building or use if the design
or construction of any building or use is so markedly incongruous
with the character of the neighborhood as to materially affect the
value of adjacent or nearby property.
[Ord. No. 581 § 12-17.11]
When a new lot or lots are formed from part of a parcel of land,
the separation must be effected in such manner as not to impair any
of the provisions of this chapter or the Land Subdivision Ordinance
of the Borough of Bernardsville.
[Ord. No. 581 § 12-17.12]
Every lot must provide front, rear and side yards as required
by its zone district. All front yards must face upon a public street
or private road approved by the Planning Board and no lot may contain
more than one principal building.
[Ord. No. 581 § 12-17.13]
No lot area, parking area, or other space shall be so reduced
in area or dimension as to make said area or dimension less than the
minimum required under this chapter.
[Ord. No. 581 § 12-17.14; Ord. No. 825 § 1; Ord. No. 890 §§ 1b. 1f.; Ord. No.
97-1103 § 2; Ord. No. 2000-1198 § 1; Ord. No. 2002-1291
§ 1; Ord. #1484-2008 § 2; Ord. #2016-1713 § 2; Ord.
No. 2018-1782; amended 10-26-2020 by Ord. No. 2020-1859]
Purpose. The purpose of the Sign Ordinance is to allow for effective
signage appropriate to the character of each zoning district, to promote
an attractive environment by minimizing visual clutter and confusion,
to minimize adverse impacts on nearby property and to protect the
public health, safety and general welfare.
a.
General Sign Provisions. It is the intent this chapter to provide
design criteria and control of signs located throughout the Borough
of Bernardsville to assure a high level of attractiveness and compatibility
with the site and character of the community. The following provisions
apply generally to all signage.
1.
Signs shall not be erected or maintained except in conformity
with the provisions of this chapter.
2.
Sign Erection Permit Required. No sign shall be constructed
or displayed unless a sign erection permit shall have been obtained
from the Construction Official except those exempt under § 12-23.a.16.
3.
Review and Approval Procedure: Applications for sign erection
permits shall be filed with the Zoning Officer and Construction Official.
Applications shall include sketches and description of proposed signs
including dimensions, graphics, colors, materials and construction
details. Any modifications including colors, wording or graphics of
existing signs shall be submitted for review. Permits shall be issued
for approved applications upon payment of the established fee. If
a variance is required, a denial letter shall be issued which specifies
the relief required.
4.
No sign shall be placed in such a position that it will cause
confusion or danger to street traffic by obscuring the view or by
simulating official, directional or warning signs maintained by any
Governmental Body, railroad or public utility concerned with the protection
of the public health or safety. This shall include, but not be limited
to, any sign visible from the public right-of-way which uses an arrow
device or simulates a stop sign or stop light.
5.
Signs advertising a use or a product shall be removed within
30 days of the dates such use ceases to be in existence or such product
is no longer available.
6.
No permanent sign shall be attached to trees, fence posts, stumps,
utility poles, light poles, within the public right of way, bridges,
rocks or like features not considered to be advertising structures.
7.
All illuminated signs shall be either indirectly lighted or
of the diffused lighting type, unless illuminated by an interior source.
No sign shall be lighted by using unshielded incandescent bulbs, lasers,
neon or gas discharge tubes, mirrors reflecting a direct light source
or similar devices. Buildings or structures may not be outlined by
tubing or strings of lights except for seasonal lighting which may
remain on a building but shall not be illuminated post season.
8.
No business sign shall be permitted which is not accessory to
the business or use conducted on the property. Off premise signs including
but not limited to advertising billboard signs are expressly prohibited.
9.
Rotating signs, live action signs, and flashing, computer generated
signage, variable message or scrolling signage, signs utilizing television
monitors, and intermittent illuminated signs are prohibited.
10.
Banners, spinners, pennants, exposed LEDs or any moving object
used for advertising purposes whether containing a message or not
are prohibited, unless specifically authorized by the Governing Body
for a special public event except a digital theatre marquee sign or
traditional nonilluminated barbershop pole sign in the Downtown District
shall be permitted.
11.
No sign shall be erected within or over the right-of-way of
any street unless specifically authorized by this chapter, other ordinances
of the Borough, or by the relevant governing body or agency.
12.
All signs, other than permitted temporary signs, shall be constructed
of durable materials and shall be adequately maintained. All cracked,
warped or broken members of a sign shall be replaced or repaired.
All broken or cracked glass shall be replaced. All permitted illuminated
signs shall be maintained so that all light sources are fully functioning.
Any sign which fails to meet the maintenance provisions of this chapter
shall be repaired or removed within 60 days upon written notification
by the Construction Official.
13.
Portable signs are prohibited except where permitted by other
provisions of this chapter.
14.
Signs not exceeding two square feet in area, unless a larger
sign is required by applicable law, may be used for a driveway entrance,
exit or for warning and directional purposes provided the signs are
limited to said uses, and provided further the signs do not bear thereon
any type of commercial advertising.
15.
Any sign that is or shall become dangerous or unsafe in any
manner whatsoever, or any sign erected hereafter contrary to the provisions
of this chapter shall be repaired, made safe, and otherwise restored
to its original condition in conformity with this chapter or shall
be taken down and removed by the owner, lessor, agent or occupant
of the building, property or land upon which it is placed or to which
it is attached.
16.
The following exemptions shall apply only to the requirement
for a sign permit and shall not be construed as relieving the owner
of the sign from the responsibility for its erection and maintenance
in good and safe condition.
(a) Memorial tablets or signs, names of buildings and
date of erection when cut into any masonry surface or when constructed
of bronze or other noncombustible materials.
(b) Traffic or other municipal signs, legal notices,
railroad crossing signs, danger signs and such temporary emergency
signs as may be erected by governmental or public utility employees
in carrying out their official work.
(d) Signs forbidding trespassing, hunting, fishing or trapping as authorized by the Fish and Game Laws. (Chapter
23 of the N.J. Revised Statutes).
17.
There shall be permitted one wall or ground sign not exceeding
12 square feet located on the premises of places of worship, Sunday
school buildings, public libraries, muesums, parish houses, buildings
used exclusively by Federal, State, County, and local governments
for public purposes, public, private and parochial schools, and public
recreational and community center buildings. No fee shall be required
in connection with the permit for such a-sign. No such sign shall
be located closer than 15 feet to a property line or within the lesser
of 15 feet or 1/2 the setback of the principal building, but in no
event less than five feet, from a street right-of-way line.
18.
No sign shall contain words or graphics which are offensive
to the community's standards.
19.
Construction materials of signs shall be selected to complement
the architecture and building materials of the building on which they
are located, or to which they are related, as well as surrounding
buildings.
20.
Any signs other than those for which provision is expressly
made under this section are prohibited.
b.
Temporary Signs. The following temporary signs are permitted
in all zones (unless otherwise indicated). In no case shall a temporary
sign be illuminated.
1.
Real estate signs advertising the prospective sale or rental
of the premises (as used herein, real estate signs) upon which they
are located are permitted only as follows.
(a)
Real estate signs shall be not more than six square feet in
area in residential zones and not more than 12 square feet in area
in nonresidential zones.
(b)
Not more than one real estate sign, which may be double-faced,
shall be placed on a property. If a property has frontage on two or
more streets, other than two streets joining at a corner of the property,
two signs may be placed on the property but only one on any street.
(c)
All real estate signs shall be removed within seven days of
sale or complete rental of the property.
2.
Signs are permitted on construction sites for the duration of
the construction period as follows:
(a)
Major subdivisions: One on-tract sign not exceeding eight feet
in height or 32 square feet in area.
(b)
New single family residence: One or more signs on a lot none
of which exceed six feet in height. The total, aggregate area of signs
may not exceed 24 square feet per lot.
(c)
Other construction including additions, alterations and repairs:
One sign not exceeding six feet in height or eight square feet in
area.
(d)
All such signs shall be on the subject property and shall be
beyond the street right-of-way.
3.
Farmers' signs advertising the sale of farm products produced
within the Borough. Such signs shall not exceed 24 square feet in
area. The signs shall be removed during seasons when products are
not being offered for sale. Not more than two such signs shall be
erected on any one property.
4.
Signs announcing any educational, charitable, civic, or religious
special event to be held in the Borough provided however, that such
signs shall not be permitted for a period exceeding 14 days per special
event in any one calendar year, shall not exceed 12 square feet in
area and shall be removed within 48 hours of the conclusion of the
event. There shall be not more than six off-site signs, Borough-wide,
advertising any special event and no group shall be allowed to erect
temporary off-site signs pursuant to this subsection for more than
four special events per year. Signs under this subsection are subject
to the limitations set forth in paragraph 8.
5.
Signs relating to any political campaign shall be permitted
in all zones. Such signs shall not exceed 12 square feet in area,
shall not be permitted prior to 60 days of the election to which they
relate and shall be removed within seven days of such election. Signs
under this subsection shall be subject to the limitations set forth
in subsection 8.
6.
Announcements of the sale of an individual's personal property
shall not exceed six square feet in area and shall not be displayed
for a period exceeding 31 days in any calendar year.
7.
Temporary window signs or lettering advertising sales or events
in conjunction with permanent signs or lettering shall not cover more
than 25% of the total aggregate window area and shall be removed within
three days after termination of the sale or event advertised by the
sign.
8.
Notwithstanding the foregoing, temporary signs shall not:
(a)
Be erected without permission of the property owner(s);
(b)
Be erected in a Borough right-of-way without the permission
of the Borough Zoning Officer;
(c)
Be erected in a County or State right-of-way without the permission
of the appropriate authority;
(d)
Be erected where it may interfere with the ability of a person
to see the street or highway ahead or official signs, signals or traffic
control devices;
(e)
Be erected within the limits of traffic circles, median strips,
grate separations or interchanges;
(f)
Be affixed to, suspended from, or made part of any highway structure
or appurtenances;
(h)
Contain subject matter not relating to that permitted for that
sign by this subsection.
c.
Signs in the Residential Zone Districts. In the residential
districts, only the following signs shall be permitted:
1.
One customary professional sign or nameplate sign for a permitted
use not more than two square feet in area, which may be either a non-illuminated
or an illuminated non-flashing sign, provided the direct source of
light is shielded in such a manner that it is not visible from the
street or any adjoining residential property unless said source is
a porch light or a lamp post light.
2.
A sign deemed necessary to the public welfare by the Governing
Body or any other sign required by law.
3.
Except for temporary signs, none of the signs permitted in the
residential districts shall be erected nearer any street or road than
half of the setback required for the principal building to be erected
on said plot, provided that a nameplate sign not more than one square
foot in area as regulated above may be placed anywhere within the
front yard.
4.
Temporary signs permitted under paragraph b.
d.
Signs in the Industrial-1 and Industrial-2 Zone Districts. In
the Industrial-1 and Industrial-2 zone districts, no sign shall be
permitted which is not accessory to the business conducted on the
property. Signs in such districts shall comply with design standards
stated in § 12-23.15a. Any such sign must be erected only
upon an entrance wall or wall fronting on a street, except as provided
below, and must comply with the following requirements:
1.
No wall sign shall extend further than six inches from the face
of the building upon which it is attached, provided however, that
where a sign extends more than three inches from the face of the wall,
the bottom of the sign shall not be closer than 10 feet from the ground
level below the sign.
2.
The maximum height of any single sign shall not exceed 20% of
the height of the building or five feet and the maximum width shall
not exceed 90% of the width of the building facade to which the sign
is attached.
3.
The total sign area for all signs permitted on the face of any
building shall not exceed 5% of the area of the face of the building
upon which such sign or signs are attached.
4.
Signs mounted at right angles to the face of a building shall
not extend closer than 10 feet from the ground level below the sign.
They shall not extend above the wall on which they are mounted. No
sign shall project more than three feet from the building line or
exceed 12 square feet in area.
5.
If more than one sign is permitted on a site or building the
signs shall be compatible with each other and with the character of
the site and shall not obscure other signs or architectural features.
6.
Window signs, including interior signs within two feet of window
surfaces, shall not exceed 20% of the area of each window upon which
such signs are displayed.
7.
Properties in an Industrial Zone are permitted freestanding
signs subject to the following restrictions.
(a)
There may be only one freestanding sign per lot.
(b)
The sign shall be located at least four feet from a street right-of-way
line or property line and at least 50 feet from the point of intersection
of the side lines of any two streets.
(c)
The sign shall have a solid background which shall not exceed
10 square feet in area nor more than three feet in width.
(d)
The top of the sign shall be located no more than eight feet
above the ground below the sign nor more than eight feet above the
curb line of the street immediately opposite the sign.
8.
Provided there is no freestanding sign as provided in paragraph
7 above, an industrial property in an Industrial Zone having a street
frontage of at least 300 feet shall be permitted one freestanding
sign, subject to the following limitations and requirements:
(a)
The sign shall contain only the name of the industrial property
or facility or the brand or the manufacturer's name of the principal
product sold, or the service rendered.
(b)
The top of the sign shall not extend more than 15 feet above
the ground surface below the sign.
(c)
The total area of the sign shall not exceed 30 square feet.
(d)
The bottom of the sign shall be at least 10 feet above the ground
level below the sign.
(e)
Subject to the requirement in paragraph (d) above, one sign
for each industrial use located on the premises may be suspended below
the principal sign surface. Each such sign shall contain only the
name of the business establishment, and each sign shall not exceed
one foot in height and five feet in width.
9.
Provided there be no wall sign, a sign may be erected on sloping
roofs, including gambrel and mansard roofs, or on roof fascia, overhangs
and marquees subject to the following limitations and requirements:
(a)
There shall be only one such sign for each commercial industrial
user.
(b)
The top of the sign shall be located at least one foot below
the highest point of the roof of the building.
(c)
The height of the sign shall not exceed three feet or 15% of
the height of the building, whichever is less.
(d)
The width of the sign shall not exceed 15 feet or 50% of the
width of the roof of other structures to which it is attached, whichever
is less.
10.
Signs on properties within an Industrial Zone fronting on major
streets shall be sufficiently legible and intelligible to afford a
motorist the opportunity to absorb the information, make a voluntary
decision to turn or stop and enter the deceleration lane before slowing
down. In further interest of safety such sign shall not imitate any
signage as regulated by the MUTCD.
e.
Automobile Fueling Station and Public Garage Signs. Automobile
fueling stations and public garages may display, in addition to signs
permitted in the district where it is located, the following special
signs:
1.
The name of the product or service provided by the service station
or garage and the logo for that product or service may be placed on
the permanent canopy erected over the fueling pumps or charging outlet
provided neither the name nor the logo project above or below the
horizontal plans of the canopy or beyond the vertical planes of the
canopy. Canopy signage shall be limited to the logo brand of the station
and not exceed 30% of the canopy fascia on each side.
2.
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, provided that
each such sign does not exceed seven square feet in area.
3.
One freestanding price sign shall be permitted for each frontage
and be located no closer than six feet from the property boundary
lines. Sign area shall not exceed 24 square feet and maximum height
shall not exceed 12 feet from the grade below. Changeable LED digital
signage displaying fuel prices for automobile fueling stations shall
be permitted subject to the following regulations:
(a)
Digital price signage may not change until a change in the price
of fuel has occurred.
(b)
Digital price signage must be static or depicted for a minimum
of 24 hours.
(c)
Movement, including flashing, scrolling, or rotating so as to
draw attention are prohibited.
(d)
Animated signs, signs that change images, video signs, or tri-vision
signs shall be prohibited.
(e)
The maximum brightness levels for electronic message boards
and fuel price signs shall not exceed 0.2 foot-candles over ambient
light levels measured within 150 feet of the source.
(f)
The owner/user shall reduce the level of brightness if determined
by the Borough Construction Official that the light level exceeds
the levels specified.
(g)
The electronic message area shall be programmed to dim and brighten
automatically in response to changes in ambient light.
(h)
Prior to the issuance of a permit for the sign, the applicant
shall provide written certification from the sign manufacturer or
installer that the light intensity has been preset to automatically
adjust the brightness to these levels or lower. Reinspection and recalibration
may be periodically required by the Borough in its reasonable discretion,
at the permittee's expense, to ensure that the specified brightness
levels are maintained at all times.
(i)
The electronic message area shall be controlled electronically
by a computer or other similar device that has a manual override.
(j)
The digital price sign shall be turned off at all times when
the business or use that its serves is closed.
4.
Except as expressly permitted in the paragraph fueling stations
signs shall comply with the provisions set forth in § 12-23.15a
and b.
f.
Signs in the Downtown District. In addition to applicable provisions
in this section, signage in the Downtown District shall comply with
the following:
1.
Intent. Signage in Downtown Bernardsville should be subordinate
to the building. The building becomes the signage that characterizes
the downtown. Signage in the Downtown District should also be appropriately
scaled to the pedestrian instead of the automobile. The intent is
to encourage a variety of signage types that clearly identify businesses
and other uses, but in a manner that enhances the streetscape and
the pedestrian experience.
2.
Permitted Signs. In addition to the standards in this section,
the following signs and associated standards shall apply to signage
in the Downtown District. Where standards below conflict with other
standards in this chapter, the standards for signs in the Downtown
District shall control.
(a)
Awning Signs.
(1) Awning signs shall be limited to the valance of
the awning.
(2) Awning signs shall have a maximum height of 1.5
feet and a maximum area of 60% of the awning valance.
(3) Awning signs shall be limited to one per storefront
awning and located above ground story windows and doors only.
(4) Awining signs shall not be integrnally illuminated.
(b)
Canopy Signs.
(1) Canopy signs shall have a maximum height of two
feet and a maximum area of 50 square feet.
(2) Canopy signs may not project more than one feet
from the face of the canopy.
(3) Canopy signs shall not extend beyond the ends of
the canopy.
(4) Canopy signs shall be limited to one sign per canopy
and only permitted if no wall or awning sign exists on the facade.
(5) Canopy signs may be internally or externally illuminated.
Internal illumination shall be limited to the letters and/or logo.
(c)
Small Ground-mounted Signs Permitted in the Downtown Core and
Claremont Districts.
(1) Small ground-mounted signs shall be limited to
two sides; shall have a maximum height of six feet above grade; a
maximum depth of two feet; and a maximum area of five square feet
per side.
(2) Small ground-mounted signs shall be limited to
one sign per lot frontage. One additional ground-mounted sign is allowed
in increments of 100 feet of additional lot frontage.
(3) Small ground-mounted signs shall set back a minimum
of 2.5 feet from the lot line facing primary or secondary street and
a minimum of five feet from all other lot lines.
(4) Small ground-mounted signs shall not be internally
illuminated.
(5) Small ground-mounted sign may be masonry, wood,
metal, or a composite material with similar properties. The sign should
complement the architecture of the principal building on the same
lot.
(d)
Large ground-mounted signs, except that large ground-mounted
signs shall not be permitted in the Downtown-Core and Downtown Claremont
subdistricts.
(1) Large ground-mounted signs shall be limited to
two sides; shall have a maximum height of six feet above the base;
a maximum depth of two feet; and a maximum area of 40 square feet.
The base of a ground-mounted sign shall have a maximum height of two
feet.
(2) Large ground-mounted signs shall contain no content
other than that identifying the occupants and property manager of
the building or buildings on the lot on which the six is erected.
(3) The maximum area of the sign and its structure
shall be 100 square feet.
(4) Large ground-mounted signs shall be limited to
one sign per lot frontage. One additional ground-mounted sign is allowed
for lots 1,000 feet wide and greater.
(5) Large ground-mounted signs may only be used on
lots having a frontage parallel to the street of 100 feet or more.
(6) Large ground-mounted signs shall be set back a
minimum of five feet from the primary or secondary street lot line
and a minimum of 10 feet from all other lot lines.
(7) Large ground-mounted signs may be internally or
externally illuminated.
(e)
Projecting Signs.
(1) Projecting sign shall be limited to two sides,
shall have a maximum height of three feet; a maximum projecting width
of four feet; a maximum depth of six inches; and a maximum area of
four square feet per side. The sign shall have a minimum of six inches
and a maximum of 12 inches of space between facade and sign.
(2) Projecting sign shall be wood, metal, or a composite
material with an appearance similar to wood or metal.
(3) Projecting sign shall be limited to one sign per
tenant space.
(4) Projecting sign shall be located between ground
story window and door heads and second story windowsills. In single
story buildings, projecting signs shall not extend above roof eaves
on a sloped roof or above the surface of a flat roof.
(5) Projecting sign shall be internally illuminated.
(f)
Wall Signs.
(1) Wall signs shall have a maximum area of one square
feet per linear foot of facade.
(2) Wall signs shall not extend above roof eaves on
a sloped roof or above the parapet on flat roofs.
(3) Wall signs shall not project more than one feet
from the face of the facade.
(4) Wall signs shall not cover windows or doors.
(5) Wall signs may be internally or externally illuminated.
Internal illumination shall be limited to the letters and/or logo.
(g)
Window Signs.
(1) Window signs shall be permitted only in ground
floor windows.
(2) The content of window sign in the Downtown Districts
shall be limited to the name of the entity, the date the business
was established, a logo, and the street number of the premises.
(3) Permanent sign shall be either etched or painted
on the window.
(4) Sign may not cover more than 20% by the area of
the window.
(5) In addition to the signs permitted above: restaurants
may place in the window a current menu of no greater than two pages
sized 9.5 inches by 14 inches; and movie theaters may place standard
sized movie posters.
Note: Illustrations for the application of the regulations set forth herein are illustrated in Attachment 4 - Signs.
|
[Ord. No. 581 § 12-17.15; Ord. No. 2014-1654 § 4; amended 10-15-2019 by Ord. No.
2019-1819; 12-9-2019 by Ord. No. 2019-1810]
The following uses are specifically prohibited in all zone districts
of the Borough:
a. The
use of any land or property or any buildings or rooftop structures,
or the construction, development or alteration of any structure, roof,
building, for the purpose of accommodating the taking off or the landing
of airplanes, helicopters or any and all other types and kinds of
airborne vehicles is specifically prohibited whether a principal use
or an accessory use. Airborne vehicles landing in an emergency or
under emergency circumstances shall not be deemed in violation of
this subsection. The landing or taking off of airborne vehicles related
to a special event shall not be deemed to be a violation of this subsection
provided a permit has been obtained therefor in accordance with standards
established by the governing body. A special event shall include any
event conducted, sponsored or permitted by any organization or association
for recreational, entertainment, charitable, educational or benevolent
purposes.
b. Drive-in,
drive-through and car hop restaurants.
c. All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in section 3 of P. L.
2021, c. 16, but not the delivery of cannabis items and related supplies
by a delivery service.
[Amended 4-12-2021 by Ord. No. 2021-1876]
d. Retail
electronic smoking device establishments and vape shops. For purposes
of this section, the following definitions shall apply:
VAPOR PRODUCT
Shall mean any noncombustible product containing nicotine
that employs a heating element, power source, electronic circuit,
or other electronic or chemical means to produce vapor from nicotine
or other inhalation agents not approved by the FDA.
VAPE SHOP
Shall mean any commercial establishment whose principal business
is the retail sale, service or use of electronic smoking devices,
liquid nicotine or vapor products.
[Ord. No. 94-995 § 1]
The net habitable floor area of any dwelling unit shall be not
less than that permitted in the New Jersey State Housing Code.
[Ord. No. 94-995 § 1]
The number of occupants of any dwelling unit shall not exceed
the maximum permitted under the New Jersey State Housing Code.
[Ord. No. 2000-1210 § 2; Ord. No. 2015-1688 § 1]
The following provisions as to floor areas, impervious coverage
and, except as noted in Subsection c hereof, front setback modifications
shall apply in all residence districts other than the R-8, R-10A and
R-10B Residence Districts. In the case of a residential lot within
a tract subject to Open Space Residential Development (see Subsection
12-25.2a), the area of the lot shall be deemed to include such portion
of the total Conservation Open Space and Common Open Space of the
tract as the area of the lot bears to the area of all residential
lots within the tract.
a.
The combined floor areas of all buildings may not exceed the
amount allowed in the following table:
Lot area in square feet
|
|
Floor area allowed in square feet
|
---|
At least
|
but less than
|
is
|
plus
|
of excess over
|
---|
0
|
5,000
|
0
|
50%
|
0
|
5,000
|
10,000
|
2,500
|
14%
|
5,000
|
10,000
|
20,000
|
3,200
|
10%
|
10,000
|
20,000
|
50,000
|
4,200
|
6%
|
20,000
|
50,000
|
150,000
|
6,000
|
4%
|
50,000
|
150,000
|
unlimited
|
10,000
|
3%
|
150,000
|
b.
The portion of a lot covered by impervious surfaces may not exceed 1.5 times the floor area permitted for the lot under Subsection
a plus a driveway allowance of 14 feet times the existing or proposed front setback.
c.
Except in the R-5 Residence District, the required residential
front yard setback for a principal dwelling containing two or more
stories, excluding attics and cellars but including basements, shall
be increased over that otherwise required to at least equal the length
of the longest side of the dwelling facing, or within 60° of being
parallel to, a front lot line.
d.
On residential lots, the area devoted to driveway and parking
in the front yard (defined by the area between the right-of-way and
a line parallel to the right-of-way and equal to the front setback
of the dwelling), shall not exceed 17% of the maximum impervious area
as calculated per Subsection 12-23.19b. Where the dwelling is setback
more than 50 feet from the street right-of-way, the 17% shall apply
to the area within 50 feet of the right-of-way. Off-street parking
in the front yard shall be limited to parking on an improved driveway
or parking surface such as pavement, stone, pavers, or similar surface,
and not on lawns.
[Ord. #2003-1307 § 2]
Wireless telecommunication towers are not permitted. Application
for the co-location of a new set of antennas on an existing wireless
telecommunication tower without extension of the tower is a conditional
use. The application shall conform to the standards set forth herein.
Wireless telecommunication uses are a permitted use if the antennas
and radio-electronic equipment are located within a nonresidential
zone district in the Borough and the following standards are satisfied:
a.
The applicant has obtained a license from the FCC to provide
cellular or personal wireless facilities and services to this area.
b.
The antennas are mounted on an existing structure or building
such as a water tower, church steeple, roof top or electric transmission
tower.
c.
The height of the antennas is not greater than 15 feet over
the height of the existing structure.
d.
Visual Compatibility Requirements.
1.
Wireless telecommunications antennas on existing structures
or buildings shall be designed, located and screened to blend with
and into the existing natural or built surroundings so as to eliminate
to the maximum extent practicable visual impacts through the use of
color and camouflaging, architectural treatment, landscaping, and
other appropriate means which shall cause such antennas to be visually
compatible with the existing structure, building and neighborhood.
2.
A wireless telecommunications equipment compound shall be enclosed
within a visually solid fence at least six feet and no more than eight
feet high, as approved by the Planning Board, and shall include a
locking security gate. The height of any equipment building shall
not exceed 12 feet.
3.
A wireless telecommunications equipment compound consisting
of no more than 2,500 square feet may be erected in support of wireless
telecommunications antennas but only if:
(a)
It is situated behind existing vegetation, tree cover, structures,
buildings or terrain features which will shield the wireless telecommunications
equipment compound from public view; or
(b)
When a location out of public view is not possible, a landscape
buffer shall be provided outside the wireless telecommunications equipment
compound, to shield the facility from public view. Landscaping shall
include native evergreen and deciduous trees at least eight feet high
at the time of planting.
4.
On-roof placement of radio-electronic equipment and/or cabinets
shall be located out of the public view.
e.
An applicant desiring to construct wireless telecommunications
antennas shall demonstrate to the satisfaction of the Planning Board,
each of the following:
1.
The need for wireless telecommunications antennas at the proposed
location. The evidence presented and introduced to the Planning Board
shall describe in detail: (i) the wireless telecommunications network
layout and its coverage area requirements and (ii) the need for new
wireless telecommunications facilities at a specific location within
the Borough:
2.
That the applicant has exercised its best efforts to locate
or co-locate the wireless telecommunications antennas on existing
buildings or structures within the applicant's search area which will
be least visually intrusive. Without otherwise limiting the nature
of the evidence to be provided by the applicant in order to meet its
burden on this issue, the applicant shall provide to the Planning
Board copies of all correspondence from and between the wireless telecommunications
provider and the property owners of the existing buildings or structures.
The failure of the applicant to present evidence of the foregoing
shall constitute a rebuttable presumption that the applicant has not
exercised its best efforts as required herein.
f.
Off-street parking shall be permitted as needed and as approved
by the Planning Board.
g.
The applicant shall provide assurances to the Planning Board
and in a form reviewed and approved by the Planning Board Attorney
that will cause the antennas, the compound area enclosing related
electronic equipment and all other related improvements to the land
to be removed, at no cost to the Borough, when the antennas are no
longer operative. Any communication facility not used for its intended
and approved purpose for a period of six months shall be considered
"no longer operative" and shall be removed by the applicant or its
assigns within 60 days thereof.
h.
All other applicable requirements of the Land Development Regulations
Ordinance not contrary to the specific conditions and standards herein
shall be met, but waivers and/or variances of such other applicable
requirements of this Ordinance may be granted by the Planning Board.
i.
Applicant shall submit its site plan according to Article 9
of the Land Development Regulations. In addition, the applicant shall
provide the Planning Board with the following:
1.
Photographic simulations showing the public view of the proposed
antennas from four locations;
2.
A report from a qualified expert that the antennas comply with
the latest structural and wind loading requirements as set forth in
the Building Officials and Code Administrators ("BOCA") International
and the Electronic Industries Association/Telecommunications Industries
Association ("ETA/TIA") publications.
j.
No signs other than a sign displaying owner contact information,
warnings, equipment information and safety instructions are permitted.
Such sign shall not exceed two square feet in area.
k.
No lighting is permitted except the compound area may have security
and safety lighting at the entrance provided it is no greater than
150 watts, is focused downward and is on timing devices and/or sensors
so that the light is turned off when not needed for safety or security
purposes.
l.
No equipment shall be operated so as to produce noise in excess
of the limits set by N.J.A.C. 7:29-1.1 et seq. except in emergency
situations requiring the use of a backup generator.
[Ord. No. 10-1531 § 1]
a.
Definitions.
1.
All definitions set forth in §
1-3 of the Borough Land Development Ordinance are incorporated by reference.
2.
As used in this section.
DUMPSTER
Shall mean a rigid container with a capacity of 10 cubic
yards or more, used for collection and temporary storage of solid
waste, construction materials, industrial and other waste materials.
PORTABLE STORAGE UNIT
Shall mean any container, storage unit, shed-like container
or other portable structure with a capacity of 10 cubic yards or more
that can be or is used for the storage of personal property of any
kind and which is located outside an enclosed building. A portable
storage unit does not include an accessory building or shed complying
with all building codes and land use requirements.
b.
Permits Required; Fees. Dumpsters and portable units, as defined
above and when placed on residential property or in a residential
zone shall require a permit issued by the Construction Official upon
payment of a fee of $25 and shall be limited to use for a period not
to exceed 90 days, unless a longer period has been allowed as part
of a development approval granted by the Planning Board or the Zoning
Board or the Zoning Board of Adjustment, or by the Borough Council
when no development application is involved. The Construction Official
may grant one ninety-day permit extension for an additional fee of
$25. During the period covered by the permit, a dumpster may be removed
for emptying and replaced without requiring an additional permit.
c.
Miscellaneous Regulations.
1.
Dumpsters and portable storage units shall be placed either
on vacant private property or located on the side yard or back yard
of any existing building on private property. Should the applicant
require or request placement in the front yard of a building on private
property, said application shall be treated as the same as an application
under Subsection c3 below. If a permit extension has been granted
and the applicant applies for a further extension or applies for an
additional dumpster permit during the same calendar year at the same
site, that application must be made to, and granted by, the Borough
Council, and the fee for such extension or application shall be $50.
The permit shall be prominently displayed in a window of the residence
facing the street, or in a window of the construction trailer or shed,
if any.
2.
It shall be unlawful for any person to construct or place a
dumpster or portable storage unit as defined in this section upon
any front yard of private property or upon any Borough-owned land
or upon any street, avenue, highway, lane, alley or public place.
No permit shall be issued for such use or storage of dumpsters or
portable storage units unless the applicant establishes a hardship
by satisfying one or more of the following criteria.
(a)
The lot configuration or placement of existing buildings or
construction equipment or materials prevents placement of the dumpster
in a side or rear yard.
(b)
Parking on the property or adjoining streets will be adversely
affected.
(c)
Traffic flow on the property or adjoining streets will be adversely
affected.
3.
Should the applicant demonstrate a hardship warranting placement
of a dumpster or portable storage units on the front yard of private
property or on a public area as defined above, the Construction Official
shall issue a dumpster or portable storage unit permit for a period
not to exceed 90 days and may grant one ninety-day extension of the
permit.
4.
A permit may be revoked by the Code Enforcement Officer if it
is determined that the existence of the dumpster or portable storage
unit is adversely affecting traffic flow or affecting the safety or
welfare of the public.
d.
Enforcement; Penalties.
1.
This section shall be enforced by the Borough Code Enforcement
Officer.
2.
Any person who shall violate any provision of this section shall be subject to the penalties as provided in Chapter
1, §
1-5. Each day in which such violation continues shall constitute a separate offense. Repeat offenders, as that term is defined in §
1-5, shall be subject to the penalties set forth in §
1-5.
3.
The Code Enforcement Officer shall notify the owner, tenant
and/or contractor in writing of any violation. The owner, tenant or
contractor shall have five days from the date of receipt of the notice
to cure the violation.
4.
If the violation is not cured, the Code Enforcement Officer
may issue a summons and/or remove the dumpster without further notice.
5.
Should the Borough be required to move the dumpster pursuant
to Subsection c5 above, the Code Enforcement Officer shall certify
the costs of removal and storage and forward the bill to the property
owner or person or entity in control of said property or dumpster
for payment within 30 days of the date of the bill and any continuing
storage costs. The amount of the charge shall become a lien upon the
lands and properties for which the dumpster was located.
[Ord. No. 2015-1701 § 2]
a.
Parking of Recreational Vehicles. No mobile dwelling, trailer
or any recreational vehicle shall be stored or parked on any premises
in any residential zone district (except for the R-1-10, R-1 and R-1A
Zones) within the limits of the Borough of Bernardsville, except as
hereinafter provided:
1.
Recreational vehicles, as herein defined, may be stored or parked
within a closed building or garage on the premises.
2.
Recreational vehicles, as herein defined, may be stored or parked
outdoors on any premises upon the following terms and conditions:
(a)
Not more than one recreational vehicle shall be stored or parked
on any premises in any residential zone district within the limits
of the Borough of Bernardsville, except as hereinafter provided. For
purposes of this subsection, premises shall include adjoining lots
in common ownership, unless said adjoining lots otherwise conform
to this chapter and other provisions hereof.
(b)
No recreational vehicles shall be stored or parked within any
residential district other than that lot upon which the principal
residence structure of the actual owner of the recreational equipment
is located.
(c)
No recreational vehicles shall be stored or parked at any time
when said premises are not being occupied, except for vacation absences.
(d)
No recreational vehicles shall be stored or parked in any district
as an accessory building or use, except as herein provided.
(e)
No recreational vehicles shall exceed the following bulk requirements:
(1) A maximum height of 12 feet as parked, including
trailer, cradle or mount, but excluding mast in the case of a boat.
(2) A maximum body length of 21 feet, including trailer
hitch, tongue and bumper.
(3) A maximum of eight feet in body width, excluding
hardware.
(4) A maximum gross weight of 12,000 pounds, including
trailer and mount.
3.
No recreational vehicles shall be stored or parked within any
front yard. These requirements shall apply to both frontages on a
corner lot. In addition, no recreational vehicle shall be stored or
parked in the required rear or side yard setback required in the zone
in which the property is located.
4.
All recreational vehicles must be kept clean and in good repair
at all times and shall carry a current year's license or registration
as required by law.
5.
The owner of the recreational vehicles shall have and display
upon request to any authorized officials of the Borough satisfactory
proof of ownership of such recreational equipment.
6.
All recreational vehicles shall be maintained in mobile condition.
7.
No recreational vehicles shall be used for sleeping or dwelling
purposes while on said premises and shall not be commercially stored
or offered or displayed for sale. Further, such recreational equipment
shall not be connected with any electric, water, gas or sanitary sewer
facilities.
8.
No construction or repair of any such recreational vehicles
shall be carried on outdoors in any residential district. For purposes
of this subsection, construction or repair shall not include painting
or essential maintenance.
9.
No recreational vehicles shall be stored, parked or maintained
so as to create a dangerous or unsafe condition on the premises where
parked.
10.
Loading and unloading of recreational vehicles at any location
on the premises is permitted, provided that said vehicle is not stored
or parked for a period longer than 48 hours in any seven consecutive
days.
b.
All recreational vehicles shall be effectively screened with
plantings, shrubs and trees or fencing so as not to be readily visible
from the street or from any adjoining or nearby properties.
c.
Parking of Utility Trailers.
1.
Except as permitted in Subsection 3 below, no utility vehicle
which is larger than four feet in width, eight feet in length may
be stored in any residential zone other than the R-1-10, R-1 and R-1A
Zones.
2.
Not more than one utility trailer which is less than or equal
to four feet in width and eight feet in length and that is only used
for noncommercial purposes may be stored or parked within a closed
building or garage on the premises, or in the rear yard, as long as
it is not parked in the applicable rear yard setback in the zone and
is not visible from any adjoining property.
3.
Except as permitted by Subsection 4, no utility trailers shall
be stored or parked on any lot other than that lot upon which the
principal residence structure of the actual owner of the utility trailer
is located.
4.
No utility trailers shall be stored or parked at any time when
said premises are not being occupied, except for vacation absences.
5.
No utility trailers shall be stored or parked within any front
yard. This requirement shall apply to both frontages on a corner lot.
In addition, no utility trailer shall be stored or parked in the required
rear or side yard setback required in the zone in which the property
is located.
d.
No snow plows shall be stored outdoors in any residential zone
(except for the R-1-10, R-1 and R-1A Zones). (This prohibition shall
not apply to any plow that is affixed to the front of a vehicle otherwise
permitted in the zone.)
[Ord. No. 2015-1697 § 1]
a.
One registered commercial vehicle with a GVWR not exceeding 8,500 pounds (or the maximum weight permitted under the Borough's traffic regulations set forth in Borough Code §
7-10 entitled "Vehicles over Designated Weight Excluded from Certain Streets", whichever is less) on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked on a driveway or other paved parking area in any residential district. A registered commercial vehicle with a GVWR not exceeding 8,500 pounds on four wheels, owned or used by a resident of
the premises, with advertising which exceeds the maximum limits set
forth in the preceding sentence shall be permitted to be regularly
parked or garaged on a lot in any residential district, provided that
said vehicle is parked in a side or rear yard area outside of the
required setback, which area is screened from neighboring properties
by plantings at least five feet in height. For purposes of this subsection,
a commercial vehicle is a truck, van, bus or other vehicle utilized
in connection with any business, whether or not said vehicle is registered
as a "commercial" vehicle with the New Jersey State Motor Vehicle
Commission; except that this provision shall not be deemed to limit
the number of commercial trucks or cars used on a farm, or construction
equipment which is used on the site for construction purposes, or
b.
Notwithstanding any other provision of this section, no vehicle
with a gross vehicle weight rating in excess of 8,500 pounds shall
be stopped, parked, stored or garaged in a residential district, except:
1.
To the extent, and for the minimum time, necessary to provide
a service directly related to a residential dwelling or use; or
2.
On the premises of an operating farm where such vehicle is used
in the farming operation.
[Added 9-27-2021 by Ord. No. 2021-1893]
a.
Electrical and mechanical equipment, including generators and
air conditioning units, shall be located within the interior of a
building envelope wherever possible. When an interior building envelope
location is not practical, such equipment shall be placed in a location
where it can be substantially screened. Ground level utilities shall
be screened with dense landscaping and/or fencing so as to be unobtrusive
when viewed from the public rights-of-way and adjacent uses.
b.
Exterior residential mechanical equipment, including heat pumps,
air conditioning condensers and generators, outside of the building
envelope shall be located in accordance with the following:
1.
Within the R-1, R-1A, R-1-10, and R-2 zones, air conditioning
units and generators shall have a minimum required setback of 15 feet
from side lot lines and a minimum required rear yard setback of 15
feet.
2.
Within the R-3, R-4, R-5, R-10A and R-10B zones, air conditioning
units and generators shall have a minimum required side yard setback
of five feet and a minimum required rear yard setback of five feet.
3.
Within the R-1, R-1A, R-1-10, and R-2 zones, air conditioning
units and generators (and any above ground mechanicals that service
the principal structure) in the front yard shall comply with the minimum
required principal building front yard setback. Any equipment located
in the front or side yard must be screened with dense landscaping
and/or fencing.
4.
Within the R-3, R-4, R-5 R-10A and R-10B zones, air conditioning
units and generators (and any above ground mechanicals that service
the principal structure) in the front yard shall be no further than
five feet from the principal structure's footprint. Any equipment
located in the front or side yard must be screened with dense landscaping
and/or fencing.
5.
Air conditioning units and generators serving detached accessory
buildings/structures shall have minimum required side and rear yard
setback of the zone bulk requirements in which the lot is located.
6.
Small Accessory Mechanical Equipment in any zoning district that is not mentioned in the preceding paragraphs shall require site plan review. The Downtown, I, and I-2 zoning districts have their own regulations as set forth in §
LD-12-12.
[Added 10-12-2021 by Ord. No. 2021-1894]
a.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and Make-Ready parking spaces through municipal parking regulations
and other standards. EVSE and Make-Ready parking spaces will support
the State's transition to an electric transportation sector,
reducing automobile air pollution, greenhouse gas emissions, and storm
water runoff contaminants. The goals are to:
1.
Provide adequate and convenient EVSE and Make-Ready parking
spaces to serve the needs of the traveling public.
2.
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
3.
Provide the opportunity for non-residential uses to supply EVSE
to their customers and employees.
4.
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
b.
Definitions.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L. 1975,
c. 217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
1.
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC
circuit.
2.
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240
volt AC circuit.
3.
Direct-current fast charger (DCFC) operates on a 60 amp or higher
breaker on a 480 volt or higher three phase circuit with special grounding
equipment. DCFC stations can also be referred to as rapid charging
stations that are typically characterized by industrial grade electrical
outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
MAKE-READY PARKING SPACE
Means the pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of Electric Vehicle Supply Equipment or Electric
Vehicle Service Equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make Ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment
on a "plug and play" basis. "Make-Ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (C. 48:25-1 et al.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g.,
single and two-family homes, executive parking fleet parking with
no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park & ride, public
parking lots and garages, on-street parking, shopping center parking,
non-reserved parking in multi-family parking lots, etc.).
c.
Approvals and Permits.
1.
An application for development submitted solely for the installation
of EVSE or Make-Ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to C. 40:55D-70.
2.
EVSE and Make-Ready Parking Spaces installed pursuant to Section
D. below in development applications that are subject to site plan
approval are considered a permitted accessory use as described in
paragraph 1. above.
3.
All EVSE and Make-Ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
4.
The Borough Zoning Officer shall enforce all signage and installation
requirements described in this ordinance. Failure to meet the requirements
in this section shall be subject to the same enforcement and penalty
provisions as other violations of Borough of Bernardsville's
land use regulations.
5.
An application for development for the installation of EVSE
or Make-Ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to C.40:55D-1 et seq. or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the administrative officer, provided the application meets
the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards
concerning the installation, and any State rule or regulation concerning
electric vehicle charging stations.
6.
An application pursuant to paragraph 5. above shall be deemed
complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete,
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application, or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
7.
EVSE and Make-Ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
8.
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
d.
Requirements for New Installation of EVSE and Make-Ready Parking
Spaces.
1.
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as Make-Ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least one-third
of the 15% of Make-Ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional one-third
of the original 15% of Make-Ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final one-third of the original
15% of Make-Ready parking spaces.
(d)
Throughout the installation of EVSE in the Make-Ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
2.
As a condition of preliminary site plan approval, each application
involving a parking lot or garage not covered in paragraph 1. above
shall:
(a)
Install at least one Make-Ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two Make-Ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three Make-Ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four Make-Ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as Make-Ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing Make-Ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or Make-Ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of paragraph e. above, a retailer
that provides 25 or fewer off-street parking spaces or the developer
or owner of a single-family home shall not be required to provide
or install any electric vehicle supply equipment or Make-Ready parking
spaces.
e.
Minimum Parking Requirements.
1.
All parking spaces with EVSE and Make-Ready equipment shall
be included in the calculation of minimum required parking spaces
in that zone.
2.
A parking space prepared with EVSE or Make-Ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
3.
All parking space calculations for EVSE and Make-Ready equipment
shall be rounded up to the next full parking space.
4.
Additional installation of EVSE and Make-Ready parking spaces
above what is required in paragraph d. above may be encouraged, but
shall not be required in development projects.
f.
Reasonable Standards for All New EVSE and Make-Ready Parking
Spaces.
1.
Location and layout of EVSE and Make-Ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
2.
Installation:
(a)
Installation of EVSE and Make-Ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or Make-Ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and Make Ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or Make-Ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
3.
EVSE Parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions set forth in Section
1-5 of the Borough Code. Signage indicating the penalties for violations shall comply with Section 5. below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private Parking. The use of EVSE shall be monitored by the property
owner or designee.
4.
Safety.
(a)
Each publicly accessible EVSE shall be located at a parking
space that is designated for electric vehicles only and identified
by green painted pavement and/or curb markings, a green painted charging
pictograph symbol, and appropriate signage pursuant to paragraph 5.
below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Borough's ordinances
and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly accessible EVSE. Non-mountable curbing
may be used in lieu of bollards if the EVSE is setback a minimum of
24 inches from the face of the curb. Any stand-alone EVSE bollards
should be three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36
inches and no higher than 48 inches from the ground or pavement surface
where mounted, and shall contain a cord management system as described
in paragraph (e) below. Equipment mounted on pedestals, lighting posts,
bollards, or other devices shall be designated and located as to not
impede pedestrian travel, create trip hazards on sidewalks, or impede
snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Borough shall require the owners/designee of publicly accessible
EVSE to provide information on the EVSE's geographic location,
date of installation, equipment type and model, and owner contact
information.
5.
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitting
at appropriate decision points to effectively guide motorists to the
EVSE parking space(s). Wayfinding or directional signage shall be
placed in a manner that shall not interfere with any parking space,
drive lane, or exit and shall comply with paragraph b. above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(1) Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
(2) Usage fees and parking fees, if applicable; and
(3) Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
6.
Usage Fees.
(a)
For publicly accessible municipal EVSE In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be established by resolution adopted by the governing
body.
(b)
Private EVSE: Nothing in this ordinance shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable State and Federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[Added 9-12-2022 by Ord.
No. 2022-1930]
a.
Fences Covered. Fences built along the perimeter of lots in
the residential districts. A fence is any manmade structure which
would restrict movement between lots. The term fence does not include
hedges. The term fence does include walls.
b.
Fences not subject to this subsection:
1.
Fences required by any legal requirement relating to swimming
pools,
2.
Fences constructed around tennis, basketball, and pickle ball
courts and similar athletic facilities constructed in compliance with
the Borough's land use ordinances,
3.
Fences constructed around the periphery of gardens.
4.
Fences governed by the Borough or State Right to Farm regulations.
c.
Maximum height of fences, subject to the provisions relating
to Deer Fencing, in zones 3, 4 and 5:
1.
The maximum height of a fence other than in the front yard shall
be 6 feet; and
2.
The maximum height of a fence in the front yard shall be 4 feet;
and
3.
The maximum height of a gateway post shall be 10% greater than
the maximum height of the fence to which it is attached.
4.
The height of a fence shall be measured from the ground to the
top of the fence on the side of the fence for which the natural grade
is lower.
d.
Prohibited fence materials, subject to the provisions relating
to deer fencing, no fence or any part of it shall be constructed using:
1.
Barb wire, razor wire, accordion wire or other materials having
sharp edges or points or such other materials as are dangerous to
animals or humans; or
3.
For front yard fences, welded wire, steel chain link, rebar,
concrete block, concrete, masonry lime or flue tile, or mesh or lathe
made of any material.
e.
Fence permits:
1.
Fences greater than 2.5 feet in height shall require the appropriate
permit from the building officer.
f.
Construction of fences:
1.
Fences must be constructed within the property lines of a lot and may not encroach on a public road or public right of way, except that the Zoning Officer, in accordance with the provisions of Borough Code Section
14-1.8, may permit a fence to be constructed in the unpaved portion of the right of way if it does not constitute a safety hazard in the opinion of the Chief of Police or his designee.
2.
Fences bordering a street must be built at least 10 feet from the edge of the street pavement, or if there is a sidewalk along the edge of the street when the fence is constructed, 2 feet from the inner edge of the sidewalk, except that the Zoning Officer, in accordance with the provisions of Borough Code Subsection
14-1.8, may permit a fence to be constructed closer to the paved portion of the right of way or the sidewalk if it does not constitute a safety hazard in the opinion of the Chief of Police or his designee.
3.
Fences may not be constructed to obstruct any easement permitting
passage over a lot. [e.g. Emergency vehicle access easements.]
4.
Fences to be constructed so the "finished" side faces away from
the center of the lot.
5.
Fences on corner lots must comply with Subsection LD-12-23.5
of the Land Use Code.
6.
Construction of fencing shall not result in damming or diverting
of water.
7.
Front yard fences may not be constructed so that more than 50%
of its surface area obstructs a view through the fence, from a position
perpendicular to the fence.
8.
Fences shall be symmetrical in appearance; shall have posts
or columns separated by identical distances; and shall consist of
material conforming to a definite pattern.
9.
Fences shall be constructed so as to provide adequate access
for firefighting equipment, ambulances and other emergency vehicles
necessary for the protection of health and safety. The building officer
may, in his or her reasonable discretion, require the applicant for
a fence permit to obtain certification from the Fire Chief that this
condition is met.
g.
Maintenance of Fences:
1.
Fences shall be kept in good maintenance and repair. The property
owner shall be responsible for fence repair and maintenance.
2.
The sides of fences facing public rights of way and neighboring
properties shall be kept clean and free of mold and mildew and of
overgrowth of vegetation. Graffiti on such sides of fences shall be
removed within 14 days of the property owners learning of it, unless
such graffiti was placed on the wall by a neighboring property owner
or resident.
h.
Deer fences:
1.
Notwithstanding the other provisions in this subsection relating
to restrictions on the height of a fence, the maximum height of deer
fences shall be 10 feet.
2.
Notwithstanding the other provisions in this subsection relating
to restrictions on fencing material, deer fences may be made of welded
wire or mesh.
3.
As used in this subsection
a deer fence is a fence:
(a)
Specifically constructed to control the movement of deer;
(b)
Constructed of vinyl or vinyl coated materials, and wood, iron
or steel uprights.
(c)
Dark green, black, or brown in color,
(d)
Have openings no smaller than four square inches,
(e)
Where possible, not break up contiguous forest tracts,
(f)
Constructed in a manner that allows deer to travel from property
to property without using public roads, and
(g)
Protective of riparian corridors where feasible.
i.
Nonconforming fences:
1.
Fences which existed prior to the date of the adoption of this
subsection may be repaired and/or maintained as their original structure
and design.
j.
Design guidebook:
1.
Property owners wishing to install fences should refer to the
attached guidebook of preferred fence design but are not required
to adopt the designs contained in the fence design book.
Editor's Note: The fence design book is available in the
Borough offices.
k.
Definition of front yard:
1.
For the purposes of this subsection, the front yard includes
all the space between the street or streets on which a lot is situated
and the line of the building paralleling that street.
[Ord. No. 2000-1209 § 1]
Home office use, meaning an office activity carried on for gain
by a resident in a dwelling unit, shall be a permitted accessory use
in residential zone districts, provided:
a. The use is limited solely to office use;
b. The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other persons;
c. No nonresident employees, customers, or business invitees or guests
shall visit the dwelling unit for business purposes;
d. The use shall be located on only one floor of the dwelling unit,
shall not exceed 25% of the floor area of the floor on which it is
located, and shall not be served by an entrance separate from the
household;
e. Interior storage of materials related to this use shall consist only
of office supplies;
f. There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage, signs, or lights;
g. The use operates no equipment or process that creates noise, vibration,
glare, fumes, odors, or electrical or electronic interference, including
interference with telephone, radio or television reception, detectable
by neighboring residents;
h. The use does not require any increased or enhanced electrical or
water supply;
i. The quantity and type of solid waste disposal is the same as other
residential uses in the zone district;
j. The quantity and quality of effluent is typical of normal residential
use, and creates no potential or actual detriment to the sanitary
sewer system or its components;
k. Delivery trucks shall be limited to U.S. Postal Service and other
delivery services providing regular service to residential uses in
the zone district;
l. All vehicular traffic to and from the home office use shall be limited
in volume, type, and frequency to that normally associated with other
residential uses in the zone district.
[Ord. No. 581 § 12-19.1; Ord. No. 2001-1257]
A conditional use is a use permitted in a particular zoning
district only upon a showing that such use in a specified location
will comply with the conditions and standards for the location or
operation of such use as contained in the Borough Land Development
Regulations. The Borough Planning Board, or the Board of Adjustment
in cases where it has the power under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., to grant a conditional use, may grant conditional
uses according to the specifications and standards set forth in this
section and in accordance with the provisions of the Municipal Land
Use Law at N.J.S.A. 40:55D-67.
[Ord. No. 581 § 12-19.2; Ord. No. 759 § 1; Ord. No. 91-870 § 2; Ord. No. 93-946 § 5; Ord. No. 93-969 § 2; Ord. No. 93-970 § 7; Ord. No. 94-982 § 3; Ord. No. 94-990 § 3; Ord. No. 96-1074 § 2; Ord. No. 97-1096 § 1; Ord. No. 97-1103, § 5; Ord. No. 99-1167 § 3; Ord. No. 2001-1260 §§ 4, 5; Ord. No. 2004-1357 §§ 1
— 3, Ord. No. 2004-1358 §§ 1,
2; Ord. No. 2005-1390 § 2; Ord. No. 2014-1654 § 3; Ord. No. 2014-1669 §§ 2
— 5; Ord. No. 2018-1772 § 4]
a. Open Space Residential Development.
1.
Mutual Consent Required.
(a)
Open Space Residential Development is optional with both the
applicant and Planning Board and the foregoing requirements shall
apply only if such option is exercised by either of them and is consented
to by the other.
(b)
Nothing contained herein shall be construed to require the Planning
Board to approve any development employing Open Space Residential
Development if the development is in conflict with any provision of
the Bernardsville Development Regulations Ordinance or Master Plan
or if the development would in any way result in a development pattern
that would adversely affect that portion of the Borough in which it
falls.
2.
Objectives. The specific objectives of Open Space Residential
Development is the preservation and protection of the Borough's natural
resources and the maximization of open space.
3.
Conditions and Standards.
(a)
Minimum Tract Area. The following minimum tract areas are established
for Open Space Residential Development:
R-1-10
|
20 acres
|
R-1 District
|
20 acres
|
R-1A District
|
12 acres
|
R-2 District
|
5 acres
|
(b)
Permitted Residential Use and Density. The development plan
shall not result in a greater number of lots if the property in question
were developed without the employment of Open Space Residential Development.
(c)
Development Regulations for Individual Lots. Any Open Space
Residential lot must meet the requirements presented in the table
below:
Minimum Lot Area District (square feet)
|
Containing Circle of Diameter
(feet)
|
|
---|
Minimum Yards
|
---|
Front Feet
|
Rear Feet
|
Side Feet
|
---|
|
One
|
Both
|
---|
R-1-10
|
137,500
|
275
|
125
|
100
|
75
|
150
|
R-1
|
110,000
|
250
|
100
|
75
|
40
|
80
|
R-1A
|
70,000
|
200
|
75
|
75
|
30
|
60
|
R-2
|
25,000
|
120
|
50
|
40
|
20
|
40
|
(d)
Each lot shall comply with the requirements appropriate to its
zone, pertaining to access corridor, driveway position, building envelope,
surface disturbance, minimum floor area and additional requirements.
4.
Open Space Requirements.
(a)
The amount of open space shall be at least equal to the total
reduction in lot areas within the subdivision.
(b)
Open space shall be provided totaling a maximum of 50% of the
area of the tract. No single area reserved for open space shall have
an area of contiguous land less than the following, unless the area
is to be dedicated for public purposes and joined to a contiguous
existing parcel of public open space:
R-1-10 District
|
8 acres
|
R-1 District
|
6 acres
|
R-1A District
|
4 acres
|
R-2 District
|
2 acres
|
(c)
The open space shall ordinarily be in a single contiguous piece
except that in unusual circumstances division into more than one piece
may be permitted if in the judgment of the Planning Board the area
would serve an important public function, promote the general welfare
of the Borough, or otherwise promote the sound planning objectives
of the Borough as reflected in the Master Plan. Any open space parcel
shall be at least the reduced lot size for that district, unless it
adjoins existing open space parcels in adjoining properties.
(d)
Any area reserved as open space shall be primarily for passive
recreational use. It shall be suitable for its intended purpose as
determined by the Planning Board, and shall be reserved in perpetuity
by private covenant or deed restriction for one or more of the following
purposes:
(1) Essentially undeveloped/Conservation Open Space
or Common Open Space.
(2) Conservation of environmentally sensitive features
including, but not limited to, steep slopes, watercourses, wetlands,
flood plains, wooded areas and scenic vistas.
(3) Public or private passive recreational uses such
as nature study, hiking, horseback riding, fishing, gardening. Passive
recreation shall be deemed to forbid the use of motorized wheels of
any kind, except in specific parking areas and for ingress and egress.
(4) Common open space consistent with all constraints
and objectives for this conditional use, within a common open space,
the area available for active recreational use shall not exceed 20%
of that common open space area. The remainder shall be restricted
to passive recreation.
5.
Ownership and Maintenance of Conservation Open Space or Common
Open Space. Any developer employing the concept of Open Space Residential
Development as herein defined and regulated shall provide for the
ownership and maintenance of all resulting undeveloped land within
the subdivision. Conservation open space shall be conveyed by deed
either to the Borough of Bernardsville, to another Governmental Body
or agency or to an acceptable organization such as a private conservation
foundation or to owners and residents of the development. A common
open space shall be conveyed by deed to an organization of owners
and residents of the development. A conveyance for conservation open
space or common open space to other than a Governmental Body or agency
shall provide for the maintenance of the spaces.
Such organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate the same to the Borough of Bernardsville.
In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the Governing Body may
serve written notice upon such organization or upon the owners of
the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
the notice shall include a demand that such deficiencies of maintenance
be remedied within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Governing Body may modify the terms of the original
notice as to deficiencies and may give reasonable extension of time
not to exceed 65 days within which they shall be remedied. If the
deficiencies set forth in the original notice or in the modification
thereof shall not be remedied within the 35 days or any permitted
extension thereof, the Governing Body, in order to preserve the open
space and maintain the same for a period of one year may enter upon
and maintain such land. The entry and maintenance shall not vest in
the public any rights to use the open space except when the same is
voluntarily dedicated to the public by the owners.
Before the expiration of the year, the Governing Body shall,
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the Governing Body, at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the municipality shall not, at the election
of the municipality, continue for a succeeding year. If the Governing
Body shall determine such organization is ready and able to maintain
the open space in reasonable condition, the municipality shall cease
to maintain the open space at the end of the year. If the Governing
Body shall determine such organization is not ready and able to maintain
the open space in a reasonable condition, the municipality may, in
its discretion, continue to maintain the open space during the next
succeeding year, subject to a similar hearing and determination in
each year thereafter. The decision of the Governing Body in any such
case shall constitute a final administrative decision subject to judicial
review.
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien, and shall become a lien and
tax to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
Any proposal to dedicate open space to the Borough of Bernardsville
shall be subject to acceptance by resolution of the Governing Body.
If further stipulated that any use of such land for purposes other
than those of Subsection 12-25.2a6d above can only be made after a
public hearing by the Governing Body.
6.
Findings for Open Residential Space Development. Prior to approval
of any open residential space developments, the Planning Board shall
find, as required by N.J.S.A. 40:55D-45, the following facts and conclusions:
(a)
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
standards established herein.
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
(c)
That provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic and the amenities of light and air, recreation, and visual
enjoyment are adequate.
(d)
That the proposed development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
b. Public Garages. No building, structure or lot shall be used as a
public garage, as defined in Article 1, except in accordance with
the following restrictions or conditions:
1.
No part of the lot in question shall be situated within 300
feet of any lot line of any plot on which is located any building
or other improvement used for the following purposes:
(e)
A fire house, municipal or other public building
2.
Gasoline filling stations shall have their gasoline pumps and
other service facilities set back at least 25 feet from any street
right-of-way.
3.
All entrance and exit driveways shall have an unobstructed width
of at least 15 feet, and no public garages shall have an entrance
or exit for motor vehicles within 50 feet of the boundaries of any
residence zone.
4.
Public garages shall be located on a lot having a minimum frontage
of not less than 100 feet.
5.
No automobile commercial repair work, except emergency work,
shall be carried on out of doors. Automobiles may be parked temporarily
on any part of a lot. The dismantling or storage of more than two
wrecked motor vehicles on any lot is prohibited, and no dismantling
or wrecked motor vehicle may be stored on any lot for longer than
a ninety-day period.
6.
There shall be no openings in the side or rear walls or roof
of such garage or service station within 10 feet of any side or rear
lot line.
7.
No more than 10 rated horsepower shall be used on the premises.
8.
No part of any building containing a public garage shall be
used for residence or sleeping purposes.
9.
All facilities for servicing cars, shall be located entirely
upon private property and adequate space for automobiles being serviced
shall be provided upon private property. No part of the storage space
or work shop shall be nearer than 35 feet to any street.
10.
No gasoline filling station may be erected within 500 feet of
an existing gasoline station.
11.
Gasoline filling stations may have one soda machine or one machine
vending non-alcoholic beverages located outside of the confines of
a principal building so long as it is placed up against an exterior
wall of the principal building.
12.
Car washes may utilize as accessory uses washing, vacuum and
towel dispensing devices located within the building envelope. Washing
devices may also be located along an outside wall of the principal
building.
c. Professional Uses in Residential District.
1.
The professional office or studio shall be a part of the dwelling
in which the professional person resides.
2.
Not more than two persons not residents in the dwelling shall
be employed in such office or studio, and not more than 1/2 the floor
area of one story of the dwelling shall be devoted to such professional
use.
3.
Front Yard Setbacks. In order to minimize parking hazards, a
100-foot setback (from front property line to building front) is required
if parking is permitted on the street on which the lot fronts and
if the paved width of the street is less than 20 feet and the total
width, including suitable shoulders, is less than 36 feet.
4.
All portions of any driveways on the subject property shall
be at least 10 feet from the side and rear property lines.
5.
All portions of any driveways, parking areas, and parking service
aisles shall be at least 20 feet from an existing, conforming dwelling
on any adjacent lot, and at least 20 feet from the nearest point of
the building envelope on any adjacent vacant lot.
d. Institutional Uses. Institutional Use, as defined in Article 1, shall
be considered in accordance with the following standards, restrictions
and conditions, except schools.
1.
Minimum Lot Size. Shall not be less than twice the minimum required
residential lot for the district in which the institutional use is
to be located.
2.
Minimum Front Yard Depth. Same as residential district requirement,
unmodified.
3.
Minimum Side Yard. Shall be three times the side yards requirement
for the residential district.
4.
Minimum Rear Yard. Shall be twice the rear yard requirement
for the residential district.
5.
Minimum Street Frontage. Shall be as follows:
R-1 District
|
500 feet
|
R-1A District
|
350 feet
|
R-2 District
|
250 feet
|
R-3 District
|
150 feet
|
R-4 District
|
100 feet
|
R-5 District
|
75 feet
|
6.
Maximum Building Height. Shall be two stories, not to exceed
35 feet to the highest point of any building, exclusive of chimneys,
steeples and similar items.
7.
Parking areas shall not be located in any front yard.
8.
There shall be a minimum of one separate entrance and one separate
exit from and to a public street.
9.
Maximum Building Coverage. Shall be 20% of the development parcel.
10.
Minimum Open Space and Landscaped Areas. Shall be 30% of the
development parcel.
11.
Property shall front and have access to an arterial, major collector,
or minor collector roadway.
e. Institutional Use: School. School, as defined in Article 1, shall
be considered in accordance with the following standards, restrictions
and conditions:
1.
Minimum Lot Size. Shall not be less than three acres in all
zones.
2.
Minimum Street Frontage. Shall be as follows:
R-1-10 District
|
500 feet
|
R-1 District
|
500 feet
|
R-1A District
|
350 feet
|
R-2 District
|
250 feet
|
R-3 District
|
150 feet
|
R-4 District
|
100 feet
|
R-5 District
|
75 feet
|
3.
Property shall front and have access to an arterial, major collector
or minor collector roadway.
4.
There shall be a minimum of one separate entrance and one exit
from and to a public street.
5.
Standards applicable to development of new buildings, facilities
and structures proposed after the adoption of this Subsection e.,
excluding underground utilities and fences:
Ordinance No. 2014-1669, codified herein, was adopted July 14,
2014.
(a)
Front yard shall be the front yard requirement for the subject
zone district,
(b)
Side yard shall be three times the side yard requirement for
the subject zone district,
(c)
Rear yard shall be two times the rear yard requirement for the
subject zone district,
(d)
Maximum Building Coverage. Shall be 25% of the development parcel,
(e)
Maximum height shall be two stories and not to exceed 35 feet.
(f)
No parking in the required front yard of the subject zone district,
(g)
No athletic fields in the required front yard of the subject
zone district,
(h)
Maximum impervious coverage is 50% of the development parcel.
6.
All recreation and parking areas shall be screened, on a year
round basis, from view of abutting residential uses according to the
following:
(a)
Off-street parking areas shall be visually screened by densely
planted landscaping, such as a hedge or existing natural landscaping
or berms, to effectively screen the view of vehicles. Lighting of
off-street parking areas shall be the "shoe-box" type lighting fixture
that encases the light source to obviate spillage and reduce glare.
(b)
Recreation areas shall be visually screened by landscaping,
berms or existing natural landscaping if existing natural landscaping
is at least 50 feet in width, to effectively screen the view of the
recreation field.
7.
Setbacks, yards and open areas not developed for buildings,
structures, facilities, or athletic fields shall be attractively landscaped
with lawn, shrubs, coniferous and deciduous trees.
f. Hotels.
1.
Such use shall abut and shall have direct access to a State
or County Road.
2.
No building shall be higher than 35 feet; or have more than
two stories.
3.
Yards.
(a)
Front Yard. There shall be a front yard of at least 40 feet.
(b)
Rear Yard. There shall be a rear yard of at least 40 feet. Where
a rear yard adjoins a railroad or any alley, the railroad or alley
may be counted as part of the required rear yard, provided that under
no circumstances shall the rear yard be reduced to less than 25 feet.
(c)
Side Yards. There shall be two side yards and no side yard shall
be less than 25 feet, provided that any side yard adjoining a residence
district shall not be less than 40 feet.
4.
No hotel shall contain less than 40 hotel units, nor more than
80 hotel units.
5.
Each hotel unit shall be located entirely on one floor.
6.
Each hotel unit as defined herein shall contain at least 235
square feet of floor area.
(a)
Bedrooms shall have a minimum floor area of 60 square feet per
person of design capacity, but in no event less than 200 square feet.
(b)
Bathrooms shall be equipped with a lavatory, toilet and tub
or shower which shall at all times be supplied with hot and cold running
water.
7.
No hotel unit shall contain cooking facilities.
8.
There shall be between any adjoining hotel units on the same
floor level a partition wall construction to have a second transmission
classification (STC) of not less than 52 based on the laboratory test
procedure specified in the ASTM (American Society of Testing Material)
recommended practice E-90-66T or as amended. There shall be between
hotel units on different floor levels a floor construction of materials
having a sound transmission classification (STC) of not less than
50 based on testing procedure as described above, as well as an impact
noise rating (INR) of 0 as specified in I.S.O. recommendation R-140
(Field and Laboratory Measurements of Airborne and Impact Sound Transmission
- First Edition January 1960), or as thereinafter amended for measuring
impact transmission with a standard tapping machine.
9.
The fire rating of all structural elements shall meet the minimum
standards of Group 1, Noncombustible, Type 2A construction as required
by the New Jersey Department of Community Affairs, Bureau of Housing
Inspection, "Regulations for the Construction and Maintenance of Hotel
and Multiple Dwellings."
10.
Each hotel unit shall have at least one window capable of being
opened from the inside, the opening of which shall be of sufficient
size to allow an adult person to exit.
11.
Off-street parking for a hotel shall be provided in accordance
with § 9-10. For hotels which include restaurants and other facilities
that are accessible to the general public, additional parking facilities
as required in § 9-10 for the particular use shall be provided
insofar as practicable, in the judgment of the Planning Board, approximately
75% of all parking facilities serving the hotel shall be provided
on the same property. Unless a greater distance is required in §
9-10, no parking area shall be located within 10 feet of a property
line.
12.
For each 25 hotel units or fraction thereof at least one hotel
unit shall be designed and intended for occupancy by the handicapped.
A like number of off-street parking facilities for the handicapped
shall also be provided.
g. Single Family Attached Residential Units in the R-5 Residence District.
No lot shall be used for single family attached residential units
except in accordance with the following restrictions and conditions:
1.
There shall be a minimum lot area of four acres.
2.
The gross density for any development shall not exceed four
single family attached dwelling units per acre.
3.
The number of bedrooms per single family attached residential
unit is unrestricted provided, however, the total number of more than
three bedroom units shall not exceed the total number of two or less
bedroom units and there shall not be more than 10 bedrooms per gross
acre. Under no circumstances shall the bedroom mix result in a gross
density that exceeds four single family attached residential units
per acre.
4.
All other regulations of the R-8 Single Family Attached Residence
District shall be complied with.
i. Public Utility Facilities.
1.
In a residential zone, any such facility shall not generate
more intense traffic in that zone than would be expected from the
permitted residential development of the same property. Permitted
residential development shall be the number of dwelling units determined
by dividing the tract area by the minimum lot size of the zone or
by applying the maximum permitted residential density to the tract
area. The amount of traffic generated by the permitted residential
development shall be based on the most recent data applicable to that
development contained in the Traffic Generation Manual published by
the Institute of Transportation Engineers (ITE).
2.
In residential zones, no more than 25% of the total lot area
shall be covered by buildings, structures, sidewalks, parking area,
driveways, or other improvements incidental to the proposed facility.
In other zones, the coverage shall not exceed 50% of the total lot
area.
3.
The height limitations, minimum lot area, and any lot coverage
or floor area limitations of the zone district in which the use is
located shall be met.
4.
The setback requirements of the zone district in which the use
is located shall be met and in any case, no off-street truck parking
shall be located within 50 feet of any residentially zoned property.
5.
All applicable provisions of Article 9 relative to off-street
parking and site plan approval shall be complied with. The number
of parking spaces shall be determined by the use listed in the schedule
in Subsection 9-10.6 which most closely resembles the proposed public
utility use.
6.
Except in the event of an emergency, no operation shall be conducted
within 300 feet of any residential unit between the hours of 8:30
p.m. and 6:00 a.m. Monday through Saturday, or at any time on Sunday.
In any case, no operation shall produce or create any noise, dust,
smoke, fumes or odors which exceed the limits established by any applicable
State, County, Municipal or other governmental regulation.
7.
The burden of proof shall be on the applicant to show that the
proposed installation in the specific location is reasonably necessary
for the efficient operation of the public utility system.
k. Outdoor Dining. No outdoor table, shelf or other facility to hold
food or drink while the same are being consumed shall be permitted
in any nonresidential zone except in accordance with this subsection.
1.
The dining area must be on private property. If any portion
of the dining area is on a sidewalk over which the public has a right-of-way,
an unobstructed passage not less than four feet wide must be left
between the dining area and any street, structure, hydrant, lamppost,
highway signpost or other obstruction. No portion of the dining area
may be closer than four feet to any fire lane, parking lot or loading
dock. No portion of any required parking space or loading dock shall
be converted to dining area.
2.
The dining area shall be surrounded by a defining barrier not
less than two feet high such as landscaping, a fence or ropes and
posts. If any portion of the dining area is within 10 feet of any
area used by vehicles and less than two feet above such area, the
barrier shall be designed to protect the dining area unless the same
is protected by trees or other means. Any immovable portion of the
barrier, or any permanent roof, arbor, platform or similar structure
shall be considered a site improvement for the purpose of Subsection
9-9.2 requiring site plans proposing site improvements to be drawn
by a licensed person.
3.
The placement of tables and chairs in the dining area and the
provision of passages through the barrier shall not obstruct entry
to or exit from any building. Folding chairs are prohibited. No advertising
or product names are permitted on any tablecloths, chairs or umbrellas
in the dining area.
4.
No use of the dining area after 10:00 p.m. or before 6:00 a.m.
is permitted. Convenient containers for trash and recyclables shall
be provided. The operator of the dining area shall keep it clean,
sanitary and free from litter.
5.
Except at dining areas operated by restaurants licensed by the
Board of Health, all sales of food or drink shall take place entirely
within a building, no agent or employee of the operator shall carry
any food or drink to the dining area and no outdoor menu board is
permitted.
l. Caretaker's Accessory Apartment. Accessory apartments created pursuant
to this chapter shall comply with the provisions of the New Jersey
Uniform Construction Code (N.J.A.C. 5:23). For purposes of this section,
"living area" shall mean all rooms and enclosed floor space within
a dwelling unit used or designed to be used for living, sleeping,
cooking or eating purposes, including bathrooms, laundries, pantries,
foyers, communicating corridors, closets and storage space, excluding
unfinished basements, garages, unfinished storage areas and other
unfinished areas. Any single family detached dwelling located in the
R-1-10 and R-1 Residence Zones may contain not more than one accessory
apartment provided the following standards and conditions are met:
1.
The accessory apartment shall be for the sole use of the domestic
employees, members of the family or nonpaying guests of the resident
of the principal residence.
2.
The floor area of the accessory apartment shall not exceed 25%
of the floor area of the living area of the principal residence.
3.
The dwelling structure shall comply with all Uniform Construction
Code and Uniform Fire Code Requirements for two family dwellings.
4.
The exterior of the structure shall be that of a single family
and not that of a two family dwelling.
5.
The applicant submits at the time of seeking conditional use
approval, and annually thereafter, a certification on forms provided
by the Borough, as follows:
(a)
That the accessory apartment is occupied by on-site domestic
employees of the residents of the primary residence or by members
of the immediate family or short-term, nonpaying guests of the residents
of the primary residence.
(b)
That the accessory apartment is occupied by only one person
or family.
(c)
That the accessory apartment is not a rental unit and that no
rent is paid on account of the occupancy of the accessory apartment.
(d)
That upon any violation of this section or the certification, determined by the appropriate Borough official, the violation shall be abated and the owner shall be subject to the penalties set forth in §
1-5 of this Code.
6.
Prior to occupancy of the accessory apartment, a new deed shall
be recorded in the Somerset County Clerk's office containing a restriction
stating that the accessory apartment must be used in strict compliance
with this section.
m. Accessory Dwelling Unit, Detached. Accessory dwelling units created
pursuant to this chapter shall comply with the provisions of the New
Jersey Uniform Construction Code (N.J.A.C. 5:23). For purposes of
this section, "living area" shall mean all rooms and enclosed floor
space within a dwelling unit used or designed to be used for living,
sleeping, cooking or eating purposes, including bathrooms, laundries,
pantries, foyers, communicating corridors, closets and storage space,
excluding unfinished basements, garages, unfinished storage areas
and other unfinished areas. The following conditions shall be met:
1.
A detached accessory dwelling unit shall only be permitted in
the R-1 and R-1-10 Residence Districts on lots containing at least
double the minimum area required by Subsections 12-5.3g and 12-22.3g.
2.
There shall be no more than one principal residence and one
detached accessory dwelling unit on any one property.
3.
The detached accessory dwelling unit shall be for the sole use
of the on-site domestic employees, members of the immediate family
or nonpaying short-term guests of the resident of the principal residence,
except when the Owner is approved to rent units under the Borough's
Accessory Apartment Program. In any event, the detached accessory
dwelling unit shall not be occupied by more than four persons.
4.
The living area of a newly constructed or converted detached
accessory dwelling unit shall not exceed 1,500 square feet.
5.
A newly constructed accessory dwelling unit or proposed conversion
of an existing building to an accessory dwelling unit must meet the
setback requirements of a principal building.
6.
The dwelling structure shall comply with the Uniform Construction
Code and Uniform Fire Code Requirements to the extent required by
the Construction Official.
7.
No lot containing a principal residence and a detached accessory
dwelling unit shall be subdivided unless each resulting lot with its
improvements complies in all respects with the requirements of this
section and the requirements of the R-1 Residence District or R-1-10
District.
8.
The applicant shall submit at the time of seeking conditional
use approval, and annually thereafter, a certification on forms provided
by the Borough, as follows:
(a)
That the detached accessory dwelling unit is occupied by on-site
domestic employees of the residents of the principal residence or
by members of the immediate family or short-term, nonpaying guest
of the residents of the principal residence, except when the Owner
is approved to rent units under the Borough's Accessory Apartment
Program. In any event, the detached accessory dwelling unit shall
be occupied by no more than four persons.
(b)
That the detached accessory dwelling unit is not a rental unit
and no rent is paid on account of the occupancy of the accessory apartment,
except when the Owner is approved to rent units under the Borough's
Accessory Apartment Program.
(c)
That the living area of the detached dwelling unit is not a
rental unit and no rent is paid on account of the occupancy of the
accessory apartment, except when the Owner is approved to rent units
under the Borough's Accessory Apartment Program.
(d)
That upon any violation of this section or the certification,
determined by the appropriate Borough official, the violation shall
be abated and the owner shall be subject to the penalties set forth
in Article 16 of this Code.
9.
Prior to issuance of a building permit for the detached accessory
dwelling unit, a new deed shall be recorded in the Somerset County
Clerk's Office containing a restriction stating that the detached
accessory dwelling unit must be used in strict compliance with this
section.
n. Accessory Dwelling Unit, Internal. Accessory dwelling units created
pursuant to this chapter shall comply with the provisions of the New
Jersey Uniform Construction Code (N.J.A.C. 5:23). For purposes of
this section, "living area" shall mean all rooms and enclosed floor
space within a dwelling unit used or designed to be used for living,
sleeping, cooking or eating purposes, including bathrooms, laundries,
pantries, foyers, communicating corridors, closets and storage space,
excluding unfinished basements, garages, unfinished storage areas
and other unfinished areas. The following conditions shall be met:
1.
An accessory dwelling unit that is within an existing dwelling
structure (internal to the building) shall only be permitted in the
R-1 and R-1-10 Residence Districts on lots containing at least double
the minimum area required by Subsections 12-5.3g and 12-22.3g.
2.
There shall be no more than one principal residence and one
attached accessory dwelling unit on any one property.
3.
The accessory dwelling unit shall be for the sole use of the
on-site domestic employees, members of the immediate family or nonpaying
short-term guests of the resident of the principal residence, except
when the Owner is approved to rent units under the Borough's Accessory
Apartment Program. In any event, the accessory dwelling unit shall
not be occupied by more than four persons.
4.
The living area of an internal accessory dwelling unit shall
not exceed 1,500 square feet.
5.
The dwelling structure shall comply with the Uniform Construction
Code and Uniform Fire Code Requirements to the extent required by
the Construction Official.
6.
No lot containing a principal residence and a detached accessory
dwelling unit shall be subdivided unless each resulting lot with its
improvements complies in all respects with the requirements of this
section and the requirements of the R-1 Residence District or R-1-10
District.
7.
The applicant shall submit at the time of seeking conditional
use approval, and annually thereafter, a certification on forms provided
by the Borough, as follows:
(a)
That the accessory dwelling unit is occupied by on-site domestic
employees of the residents of the principal residence or by members
of the immediate family or short-term, nonpaying guest of the residents
of the principal residence, except when the Owner is approved to rent
units under the Borough's Accessory Apartment Program. In any event,
the accessory dwelling unit shall be occupied by no more than four
persons.
(b)
That the accessory dwelling unit is not a rental unit and no
rent is paid on account of the occupancy of the accessory apartment,
except when the Owner is approved to rent units under the Borough's
Accessory Apartment Program.
(c)
That the living area of the accessory dwelling unit is not a
rental unit and no rent is paid on account of the occupancy of the
accessory apartment, except when the Owner is approved to rent units
under the Borough's Accessory Apartment Program.
(d)
That upon any violation of this section or the certification,
determined by the appropriate Borough official, the violation shall
be abated and the owner shall be subject to the penalties set forth
in Article 16 of this Code.
8.
Prior to issuance of a building permit for the accessory dwelling
unit, a new deed shall be recorded in the Somerset County Clerk's
Office containing a restriction stating that the accessory dwelling
unit must be used in strict compliance with this section.
[Ord. No. 581 § 12-20.1; Ord. No. 816 § 1]
Any lawful nonconforming use which existed at the time of the
passage of this chapter may be continued and any existing building
designed, arranged, intended or devoted to a nonconforming use may
be reconstructed or structurally altered subject to the following
regulations:
a. The structural alterations made in such residential building in a
residential zone shall in no case result in the increase in floor
area of the altered building exceeding that of the original. In no
case should any alterations allow an intensification of the nonconforming
use (e.g., one-family to two-family or two-family to three-family).
In a nonresidential zone any alterations should not result in an increase
of the floor area of an altered building.
b. No structural alterations of an existing building shall be permitted
which enlarge or extend the nonconforming use.
c. No nonconforming use shall be extended at the expense of a conforming
use.
d. A nonconforming use changed to a conforming use may not thereafter
be changed back to a nonconforming use.
e. A nonconforming use in existence at the time of the passage of this
chapter shall not be permitted to be changed to any other nonconforming
use.
f. In the event that there is a cessation of operation of any nonconforming
use for a period of 12 consecutive calendar months, the same shall
be presumed to be an abandonment of such nonconforming use. Any subsequent
exercise of such abandoned nonconforming use shall be deemed a violation
of the terms of this chapter, except such shall not apply to a nonconforming
use because of height and area violations.
[Ord. No. 581 § 12-20.2]
Nothing in this chapter shall require any change in plans, construction
or designated use of a building for which a building permit has been
heretofore issued and construction diligently prosecuted within six
months of the date of such permit.
[Ord. No. 581 § 12-20.3]
Nothing in this chapter shall prevent the restoration of a nonconforming
building partially destroyed by fire, explosion, act of God, or act
of public enemy, provided that, after restoration, the building and
the use thereof shall not violate this chapter to any greater extent
than existed prior to the restoration. Any building totally destroyed
in the manner aforesaid may only be rebuilt as a conforming use.
The owner of any nonconforming use that is partially destroyed
as above mentioned must apply for a building permit to rebuild the
nonconforming use within 12 months from the time of destruction. If
the application to rebuild the nonconforming use is filed after the
above-mentioned twelve-month period, a building permit will only be
issued for a conforming use. Nothing in this chapter shall prevent
the restoration of a wall declared unsafe by the Construction Official.
[Ord. No. 581 § 12-20.4]
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
[Ord. No. 581 § 12-20.5]
The foregoing provisions of this Article shall also apply to
buildings, structures, land or uses which hereafter become nonconforming
due to any reclassification of zone districts under this chapter,
or any subsequent change in regulations of this chapter.
[Ord. No. 581 § 12-20.6]
Any lot which at the time of the adoption of this chapter fails
to comply with the minimum requirements of this chapter may be used
for any use not otherwise prohibited in the zone district in which
it lies, provided the lot is in single ownership as defined in this
chapter and further provided all yard requirements are complied with.
[Ord. No. 98-1149 § 1
Art. 12]
The Borough Land Use Ordinances shall be enforced by the Zoning
Enforcement Officer. It shall be the duty of the Zoning Enforcement
Officer to investigate any violation of this chapter coming to his
attention, whether by complaint or arising from his own personal knowledge.
If a violation is found to exist, he shall serve written notice by
registered or certified mail or by personal service upon the owner,
lessee, tenant or other occupant of any building or structure, lot
or land, or part thereof, where a violation of any of the provisions
of this chapter has been committed or exists or upon any architect,
builder, contractor or agent or other person who is employed in connection
with the building or structure, lot or land, or part thereof, and
who commits, takes part or assists in the commission of such violation.
Such notice shall require the violation to be abated within 10 days
from the date of service of the notice or upon such lesser time as
the Zoning Enforcement Officer shall deem reasonable in cases where
the danger to public health, safety and general welfare is so imminent
as to require more immediate abatement. If the person fails to abate
the violation within the time specified, the Zoning Enforcement Officer
shall file and prosecute a complaint to terminate the violation in
the Municipal Court or shall seek equitable relief in the Superior
Court, as appropriate.
[Ord. No. 98-1149 § 1
Art. 12]
The Building Subcode Official shall not issue any permit for
the erection, construction, reconstruction, structural alteration,
enlargement or moving of any building or structure or part thereof,
or issue any certificate for the use or occupancy of any building,
structure or land, or part thereof, where the same would be in violation
of any of the provisions of this chapter. It shall be the further
duty of the Building Subcode Official to report to the Zoning Enforcement
Officer any violation of this chapter coming to his attention, whether
by complaint or arising from his own personal knowledge.
[Ord. No. 581 § 12-22]
Temporary Permits may be authorized by the Building Subcode
Official for a period not to exceed one year for nonconforming uses
incidental to construction projects being conducted on the same premises,
including such uses as storage of building supplies and machinery,
assembly of building materials, and a small real estate office where
a development is being offered for sale. Such permits may be renewed
by the Building Subcode Official, annually, over a period not to exceed
three years.
[Added 8-9-2021 by Ord.
No. 2021-1888]
All terms in this section shall be defined in the NJDEP Stormwater
Management Rule (N.J.A.C. 7:8, et seq.). The following additional
terms are defined for this chapter only.
EXEMPT DEVELOPMENT
Any development that creates less than 500 square feet of
roof area and less than 1,000 square feet of new impervious area in
total and disturbs less than 2,500 square feet of land.
MAJOR DEVELOPMENT
Any individual "development," as well as multiple developments
that individually or collectively result in:
a.
The disturbance of one or more acres of land since February
2, 2004;
b.
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
c.
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
d.
A combination of paragraph b and c above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of conditions in paragraph a, b, c and d above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development".
|
MINOR DEVELOPMENT
Any development that does not meet the definition of "exempt
development" as defined herein or the definition of major development
as defined herein or in the NJDEP Stormwater Rule (N.J.A.C. 7:8).
[Added 8-9-2021 by Ord.
No. 2021-1888]
a. Exempt Developments. Any project meeting the definition of exempt
development shall be exempt from the provisions of this section.
b. Minor Developments. Minor developments shall be designed to include
the following stormwater management measures:
1.
Water Quality. Soil erosion and sediment control measures shall
be installed in accordance with the Standards for Soil Erosion and
Sediment Control in New Jersey.
2.
Runoff Quantity Control. Seepage pits or other infiltration
measures shall be provided with a capacity of three inches of runoff
for each square foot of new impervious area. Stone used in the infiltration
devices shall be 2 1/2 inch clean stone and a design void ratio
of 33% shall be used. The infiltration measures shall be designed
with an overflow to the surface which shall be stabilized and directed
to an existing stormwater conveyance system or in a manner to keep
the overflow on the developed property to the greatest extent feasible.
If the new impervious surface is not roof area, an equivalent area
of existing roof may be directed to the infiltration system. This
shall be permitted where the existing roof is not already directed
to infiltration devices.
c. Major Developments. All major developments shall have their stormwater
management designed in accordance with the Residential Site Improvement
Standards (RSIS, N.J.A.C. 5:21) and the NJDEP Stormwater Management
Rule (N.J.A.C. 7:8). These standards shall apply to all projects,
residential and nonresidential, in all zone districts, as well as
projects by the Borough, Board of Education and other agencies subject
to review by the Borough.
[Added 8-9-2021 by Ord.
No. 2021-1888]
a. Minor Developments.
1.
Present and future owners of property containing privately owned
stormwater management facilities are required to ensure adequate long-term
operation and maintenance of such facilities in accordance with a
Stormwater Management Operations and Maintenance Manual.
2.
The Stormwater Management Operations and Maintenance Manual
shall contain a description of the project, including the amount of
land disturbance and the amount of new impervious surface being created;
specific inspection and maintenance tasks, including the requirement
to at least once a year, measure and record the water level in the
facility after a major storm exceeding one-inch of rainfall in order
to determine the time to drain; ownership and maintenance responsibilities;
estimated cost of debris and sediment removal; preventative and corrective
maintenance measures and; inspection and maintenance log forms.
3.
The inspection and maintenance log forms are required to be
submitted to the Borough Engineer by April 1 of every 3rd year. The
Borough Administrator shall notify the property owner of the requirement
by March 1st of the applicable year.
4.
If the owner of a property meeting the definition of a Minor
Development fails to meet the reporting requirement 20 days after
a final notice, the Borough Engineer shall conduct said inspection
and a fee of $250 will be assessed for the performance of said inspection.
5.
The responsibility to ensure that future owners of property
containing stormwater management facilities are aware of such facilities
and the requirement to maintain the facilities shall be borne by the
present owner of the property containing the stormwater management
facilities. The present owner of stormwater management facilities
should provide a copy of the Stormwater Management Operations and
Maintenance Manual, prior to the transfer of title, to the future
owner. Alternatively, the requirement for long-term operation, maintenance
and repair of the stormwater management facilities, in accordance
with the SWM O&M Manual, can be recorded upon the deed of record
for the property by the present owner.
6.
If the stormwater facilities are not adequately maintained by
the private owners, the Borough shall retain the right to perform
the required maintenance and charge the private entity accordingly.
This access shall be part of all drainage easements on private property.
b. Major Developments.
1.
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter
8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project.
5.
If the party responsible for maintenance identified under § 12-29.3b.3
above is not a public agency, the maintenance plan and any future
revisions based on § 12-29.3b.7 below shall be recorded
upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
7.
The party responsible for maintenance identified under § 12-29.3b.3
above shall perform all of the following requirements.
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by § 12-29.3b
paragraphs 6 and 7 above.
(d)
A copy of all inspection logs and preventative and corrective
maintenance logs shall be submitted to the Borough Engineer annually
by April 1 of each year.
8.
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c. Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 8-9-2021 by Ord.
No. 2021-1888]
a. Minor Developments.
1.
Waivers from strict compliance with the design standards shall
only be granted upon showing that meeting the standards would result
in an exceptional hardship on the applicant or that the benefits to
the public good of the deviation from the standards would outweigh
any detriments of the deviation. A hardship will not be considered
to exist if reasonable reductions in the scope of the project would
eliminate the noncompliance.
2.
If the review agency for the project determines that a waiver
is appropriate, the applicant must execute mitigation. The scope of
the mitigation shall be commensurate with the size of the project
and the magnitude of relief required. The mitigation project may be
taken from the list of projects in the Municipal Stormwater Management
Plan or another project identified by the applicant. In lieu of undertaking
a specific mitigation project, a monetary contribution may be made
to the Municipality for funding toward a municipal stormwater control
project, subject to the approval of the review agency. All mitigation
projects are subject to the approval of the Municipal Engineer.
b. Major Developments.
1.
A waiver from strict compliance with the requirements of the
municipal stormwater ordinance shall only be approved in those cases
where an applicant has demonstrated the inability to strictly comply
with any standard of the Borough's municipal stormwater management
plan, the stormwater management ordinance or the NJDEP Stormwater
Management Rule (N.J.A.C. 7:8). Waivers from strict compliance with
the design and performance standards for stormwater management measures
as set forth shall only be granted upon demonstrating that the conditions
outlined in the NJDEP Stormwater Management Rule at 7:8-4.6(a)1 through
3 are met.
2.
A waiver from strict compliance for such projects can only be
obtained if the applicant agrees to undertake a suitable mitigation
measure identified in the mitigation section of the municipality's
Stormwater Management Plan. In such cases, the applicant must submit
a mitigation plan and report detailing how the project's failure to
strictly comply will be compensated. In cases where a waiver is granted,
an applicant should provide mitigation, if possible and/or practical,
within the same drainage area within which the subject project is
proposed, or contribute funding toward a municipal stormwater control
project, or provide for equivalent treatment at an alternate location,
or provide for another equivalent water quality benefit, in lieu of
implementing the required stormwater control measures on their specific
site.
3.
Any approved waiver from the design and performance standards
for stormwater management measures outlined above shall be submitted
by the municipal review agency to the county review agency and the
NJDEP, by way of a written report describing the waiver, as well as
the required mitigation, within 30 days of the approval.
c. Review Agency. All applications subject to the review of the Planning
Board or Board of Adjustment shall be reviewed by those Boards concurrently
with subdivision or site plan review. Applications not subject to
Planning Board or Board of Adjustment review shall be reviewed by
the Municipal Engineer.
d. Appeals. The appeal of the determination of the Municipal Engineer
shall be made in accordance with N.J.A.C. 40:55D-70a.
[Added 8-9-2021 by Ord.
No. 2021-1888]
a. There shall be no additional fees for stormwater review for applications
to the Planning Board or Board of Adjustment.
b. Applications for minor development shall be accompanied by an initial
review fee in the amount of $300 to cover review by the Municipal
Engineer and $500 to cover engineering and inspection of the approved
stormwater management facility.
c. Applications for major development shall be accompanied by an initial
fee in the amount of $1,000 to cover review by the Municipal Engineer.
If a major development project is approved, an additional inspection
escrow deposit shall be made in an amount to be determined by the
Municipal Engineer in accordance with § 11-1.1j1(b).