A comprehensive ordinance regulating and limiting the uses of
land and the uses and locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the area of yards and other open spaces; regulating and
restricting the density of population; dividing the Township of Bedminster
into districts for such purposes; adopting a map of said Township
showing boundaries and the classification of such districts; establishing
rules, regulations and standards governing the subdivision and development
of land within the Township; establishing a Planning Board and a Zoning
Board of Adjustment; and prescribing penalties for the violation of
its provisions.
The short form of which this chapter may be known shall be "The
Land Development Ordinance of the Township of Bedminster."
[Ord. #2000-12 § 1; Ord. #2013-013 § 2]
The chapter is adopted pursuant to N.J.S.A. 40:55D-1, et seq.,
in order to promote and protect the public health, safety, morals,
and general welfare, and in furtherance of the following related and
more specific objectives:
To secure safety from fire, flood, panic, and other natural
and man-made disasters;
To provide adequate light, air and open space;
To ensure that the development of the Township of Bedminster
does not conflict with the development and general welfare of neighboring
municipalities, the county and State as a whole;
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational and commercial uses and
open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens;
To encourage the location and design of transportation routes
which will permit the free flow of traffic while discouraging location
of such facilities and routes which will result in congestion or blight;
To provide a desirable visual environment through creative development
techniques and good civic design and arrangements, with special attention
to protection of the rural character of Bedminster's countryside.
To promote the conservation of historic sites and districts,
open space, energy resources and valuable natural resources, and to
prevent urban sprawl and degradation of the environment through improper
use of land;
To encourage planned unit developments which incorporate the
best features of design and relate the type, design and layout of
residential, commercial and recreational development to the particular
site;
To encourage senior citizen community housing construction;
To encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land;
To promote the conservation of energy through the use of planning
policies and practices designed to reduce energy consumption and to
provide for maximum utilization of renewable energy sources provided
such utilization is accessory to and directly supportive of a use
permitted by the Bedminster Land Management Ordinance and further
provided that such utilization will not undermine the intent and purposes
of Bedminster's Master Plan and Land Development Ordinance.
The provisions of this chapter shall be held to be the minimum
requirements. Where this chapter imposes a greater restriction than
is imposed or required by other provisions of law or by other rules,
regulations or resolutions, the provisions of this chapter shall control.
Where other laws, rules, regulations or resolutions require greater
restrictions than are imposed by this chapter, the provisions of such
other laws, rules, regulations or restrictions shall control.
[Ord. #90-4 § 2; Ord. #90-12 § 1; Ord.
#95-19 § 1; Ord. #97-36 § 1; Ord. #2013-013 § 3]
All uses not expressly permitted in a particular zone, including,
but not limited to the following, are prohibited;
a. Trailers, container trucks, automobile trailers or any vehicle or structure (i) designed to be mounted on wheels or other means of locomotion, used as a conveyance, or propelled or drawn by its own or other motor power, even if its wheels or other means of locomotion have been removed, or (ii) designed and constructed in such a manner as will permit occupancy thereof as sleeping quarters for one or more persons, or the conduct of any business or profession, occupation or trade, except those used solely for recreational purposes, horse trailers and utility trailers, or temporarily as construction offices. The parking and storage of boats and trailers in residential zones shall be governed by subsection
13-602.5. Nothing herein shall prohibit the use of manufactured homes as permitted by N.J.S.A. 40:55D-100 et seq.
c. The unconcealed accumulation of waste, rubbish or scrap, nor the
outside storage of used or secondhand appliances such as refrigerators,
stoves, hot water heaters, dishwashers, clothes washers or dryers,
etc.
d. Drive-in or drive-through restaurants.
e. Low level radioactive waste disposal facilities, as defined pursuant
to N.J.A.C. 7:60-1.2.
f. Solar photovoltaic energy systems that are designed for off-site
electric power consumption.
g. Any and all classes of cannabis establishments, cannabis distributors,
or cannabis delivery services for recreational purposes, including:
[Added 7-6-2021 by Ord.
No. 2021-011]
1. Cannabis cultivators, which is defined as any licensed person or
entity that grows, cultivates, or produces cannabis in this state,
and sells, and may transport, this cannabis to other cannabis cultivators,
or usable cannabis to cannabis manufacturers, cannabis wholesalers,
or cannabis retailers, but not to consumers;
2. Cannabis manufacturers, which is defined as any licensed person or
entity that processes cannabis items in this state by purchasing or
otherwise obtaining usable cannabis, manufacturing, preparing, and
packaging cannabis items, and selling, and optionally transporting
these items to other cannabis manufacturers, cannabis wholesalers,
or cannabis retailers, but not to consumers;
3. Cannabis wholesalers, which is defined as any licensed person or
entity that purchases or otherwise obtains, stores, sells or otherwise
transfers, and may transport, cannabis items for the purpose of resale
or other transfer to either another cannabis wholesaler or to a cannabis
retailer, but not to consumers;
4. Cannabis distributors, which is defined as any licensed person or
entity that transports cannabis in bulk intrastate from one licensed
cannabis cultivator to another licensed cannabis cultivator, or transports
cannabis items in bulk intrastate from one licensed cannabis establishment
to another licensed cannabis establishment, and may engage in the
temporary storage of cannabis or cannabis items as necessary to carry
out transportation activities;
5. Cannabis retailers, which is defined as any licensed person or entity
that purchases or otherwise obtains usable cannabis from cannabis
cultivators and cannabis items from cannabis manufacturers or cannabis
wholesalers, and sells these to consumers from a retail store, and
may use a cannabis delivery service or a certified cannabis handler
for the off-premises delivery of cannabis items and related supplies
to consumers. A cannabis retailer license shall also accept consumer
purchases to be fulfilled from its retail store that are presented
by a cannabis delivery service which will be delivered by the cannabis
delivery service to that consumer; and
6. Cannabis delivery services, which is defined as any licensed person
or entity that provides courier services for consumer purchases of
cannabis items and related supplies fulfilled by a cannabis retailer
in order to make deliveries of the cannabis items and related supplies
to that consumer, and which services include the ability of a consumer
to purchase the cannabis items directly through the cannabis delivery
service, which after presenting the purchase order to the cannabis
retailer for fulfillment, is delivered to that consumer.
Such use shall be prohibited in all zones as stated herein.
This prohibition does not apply to the delivery of cannabis items
and related supplies by an outside delivery service.
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[Ord. #2000-12, § 1]
All applicable requirements shall be met at the time of erection,
enlargement, alteration, moving or change in the use of a structure
or structures and shall apply with equal force to the entire structure
and not be limited to the portion being erected, enlarged, altered,
moved or changed.