Any accessory building attached to a principal building shall
be considered part of the principal building and the total structure
shall adhere to the yard requirements for the principal building,
regardless of the technique of connecting the principal and accessory
buildings.
No construction permit shall be issued for the construction
of an accessory building or structure, other than construction trailers
or storage sheds, prior to the issuance of a construction permit for
the construction of the main building upon the same premises. If construction
of the main building does not precede or coincide with the construction
of the accessory building or structure, the Construction Official
shall revoke the construction permit for the accessory building or
structure until the construction of the main building has proceeded
substantially toward completion.
The minimum distance between an accessory building or structure and any other building(s) or structure(s) on the same lot shall be as prescribed in Articles 13-400 and 13-600 except that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than twenty-five (25') feet to any dwelling on the same lot, except that this provision shall not be applicable to farms.
An accessory building may not be erected in required front yards and shall be set back from side and rear lot lines as prescribed in Article 13-400, except that if erected on a corner lot, the accessory building shall be set back from the street to comply with the setback line applying to the principal building for that side street and except further that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than fifty (50') feet to any property line, except that these provisions shall not be applicable to farms.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 95-49 and 97-33.
[Ord. #05-40, § 2]
All terms in this section shall be defined in the NJDEP Stormwater
Rule (N.J.A.C. 7:8, et seq.). The following additional terms are defined
for this chapter only.
a.
EXEMPT DEVELOPMENT – Shall mean any development that creates
less than 1,000 square feet of new impervious area and disturbs less
than 2,500 square feet of land. Further, an exempt development shall
not meet the definition of "minor development."
b.
MINOR DEVELOPMENT – Shall mean any development that results
in the creation of 1,000 square feet or more of new impervious area
or one that disturbs more than 2,500 square feet of land area. Further,
a minor development shall not meet the definition of "major development"
in N.J.A.C. 7:8.
c.
MAJOR DEVELOPMENT:
[Added 2-16-2021 by Ord.
No. 2021-001]
1.
Any individual development, as well as multiple developments that
individually or collectively result in:
2.
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 Subsection c1(a), (b), (c) or (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.
[Ord. #05-40, § 2]
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.
Rate/Volume Control. Seepage pits or other infiltration measures
shall be provided with a capacity of three (3") inches of runoff for
each square foot of new impervious area. Stone used in the infiltration
devices shall be two and one-half (2 1/2") inches clean stone
and 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 Rule (N.J.A.C.
7:8). These standards shall apply to all projects, residential and
nonresidential.
[Amended 2-16-2021 by Ord. No. 2021-001]
[Ord. #05-40, § 2; Ord. #09-028, § 10]
a.
Standards for relief. Waivers from strict compliance with the major
development 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.
[Amended 2-16-2021 by Ord. No. 2021-001]
b.
Mitigation. If the reviewing agency for the project determines that
a waiver is appropriate, the applicant must execute a mitigation plan.
The scope of the mitigation plan shall be commensurate with the size
of the project and the magnitude of the 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.. All
mitigation projects are subject to the approval of the Township Engineer.
A monetary contribution to the Township may be made in lieu of the
work identified in the mitigation plan, subject to the approval of
the reviewing agency.
[Amended 2-16-2021 by Ord. No. 2021-001]
c.
Reviewing Agency. All applications subject to the review of the Land
Use Board shall be reviewed by the Board concurrently with subdivision
or site plan review. Applications not subject to Land Use Board review
shall be reviewed by the Township Engineer.
d.
Appeals. The appeal of the determination of the Township Engineer
shall be made in accordance with N.J.S.A. 40:55D-70a.
[Ord. #05-40, § 2; Ord. #09-028, § 10]
There shall be no additional fees for stormwater review for
applications to the Land Use Board. Applications to the Township Engineer
shall be accompanied by a review fee in the amount of $250. If a project
is approved, an inspection escrow deposit shall be made in an amount
to be determined by the Township Engineer.
[Ord. #2002-19; Ord. #2007-19, § 5; Ord. #2009-017,
§ 1]
a.
Prior to constructing any fence or wall, a fence permit shall be obtained from the Township Zoning Officer in accordance with this section utilizing the permit form on file with the Construction and Zoning Office and the payment of the appropriate fee as specified in Chapter 2 of the Revised General Ordinances of the Township of Bedminster. Fences and walls, including deer fences, associated with farming activity, governed by the Bedminster Township Right to Farm Ordinance, shall be exempted from the restrictions of this section.
b.
Deer fencing permit applications shall be reviewed by the Township
Environmental Commission prior to the issuance of any deer fence permit.
Upon completion of the review, the Environmental Commission shall
inform the Township Zoning Officer of its review recommendations,
which shall be considered by the Township Zoning Officer before issuing
the permit.
c.
For purposes of this chapter, the term "fence" is defined to mean
"an artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas." For purposes
of this chapter, the term "fence" shall include the term "wall." For
the purposes of this chapter, the term "deer fence" is defined to
mean any fence whose primary purpose is to prohibit movement of deer
and deer population onto a property or shift the movement of deer
and deer population to other properties.
d.
The following regulations shall apply to fences and walls.
1.
No fence, including deer fences, shall be constructed or installed
so as to constitute a hazard to traffic or safety.
2.
No fence shall encroach upon or be constructed or installed within
a local public road or right-of-way, unless approved as part of a
site plan or subdivision application for development.
3.
No fence shall be erected of barbed wire, topped with metal spikes
or electrified nor shall any fence be constructed of any material
or in any manner that may be dangerous to persons or to animals.
4.
In all zone districts, fences shall be installed no higher than six
(6') feet. Notwithstanding the foregoing, fences may be installed
to a height of up to seven (7') feet in height in the R-3 and R-10
Zone Districts. The following specific height limitations shall apply
to all fences:
(a)
In all zone districts except the R-3 and R-10, solid fences
installed between any street right-of-way and the foundation wall
of the principal structure shall not exceed forty-eight (48") inches
in height except as described in paragraph (b) below. Solid fences
shall not exceed forty-eight (48") inches within the front yards of
properties in the R-3 and R-10 zones and shall be located at least
seventy-five (75') feet from any front lot line. Fences that exceed
forty-eight (48") inches within the front yards of properties in the
R-3 and R-10 zones shall not be constructed of materials that create
a vision barrier greater than 50% of the surface area of the fence
as viewed from any angle.
(b)
Pillars not exceeding eight (8') feet in height placed to identify
an entranceway or to support a gate to a residential driveway shall
be permitted in a front yard. The gate shall not exceed seven (7')
feet in height, shall be set back a minimum of seventy-five (75')
feet from the street right-of-way line, and shall not open towards
the street. The total footprint of the entranceway pillars and flanking
walls shall not exceed 100 square feet, and the average height of
the flanking walls shall not exceed five (5') feet.
5.
Deer and seasonal plant protection fencing shall be constructed of
vinyl or vinyl coated materials, shall be dark green, black, or brown
in color, and shall have openings no smaller than four square inches.
Deer fence posts shall be dark green, black, or brown in color. Deer
and seasonal plant protection fencing is exempt from all height and
location restrictions. The Township Environmental Commission shall
consider the following standards when reviewing deer fence applications:
(a)
Where possible, deer fencing shall not break up contiguous forest
tracts.
(b)
Deer fencing shall not encircle an entire property perimeter.
In the R-3 and R-10 zones, deer fencings hall be set back at least
seventy-five (75') feet from the property line, unless the principal
building is itself within seventy-five (75') feet of the property
line, in which case deer fencing shall be permitted up to twenty (20')
feet from the principal building on the property. In all other zones
deer fencing shall be set back from any property line by the distance
required for accessory buildings in the applicable zone.
(c)
In the zone district in which it is proposed, no deer fence
shall enclose an area greater than the minimum lot area, as specified
in the area and yard requirements for that zone district, for any
permitted use in that zone.
(d)
Deer fencing shall be constructed in a manner that allows deer to travel from property to property without using public roads. Fencing along roadways shall be consistent with subsection 13-503.1d1.
(e)
Deer fencing shall protect non-deer wildlife migration corridors
through the uses of small fence pass-throughs at ground level, or
bypass corridors.
(f)
Where practical, deer fencing shall be designed in a manner
that does not force deer onto neighboring properties.
(g)
Deer fencing shall protect riparian corridors where feasible.
(h)
Deer fencing shall be set back at least twenty (20') feet from
existing equestrian trails. Deer fencing shall not cross nor close
off existing equestrian trails.
(i)
Deer fencing may enclose an area up to twenty (20') feet from
the principal building on property.
6.
Recreation/sport courts may be surrounded by a fence with a maximum
height of fifteen (15') feet and set back from any property line the
distance required for accessory buildings in the applicable zone.
7.
A private residential or commercial swimming pool area must be enclosed
by a suitable fence with a self-latching gate at least four (4') feet,
but no more than six (6') feet in height.
8.
The finished side of all fences shall face adjacent properties and
streets.
[Ord. #2002-19]
Sight triangle easements shall be required at intersections,
in addition to the specified right-of-way widths, in which no grading,
planting or structure shall be erected or maintained more than twelve
(12") inches above the street centerline, except for street signs,
fire hydrants and light standards. The sight triangle is defined as
that area outside of the street right-of-way which is bounded by the
intersecting street lines and the straight line connecting "sight
points," one each located on the two intersecting street centerlines:
arterial streets at three hundred (300') feet; collector streets at
two hundred (200') feet and local streets at ninety (90') feet. Where
the intersecting streets are both arterials, both collectors, or one
arterial and one collector, two overlapping sight triangles will be
required, formed by connecting the "sight point" noted above with
a "sight point" ninety (90') feet on the intersecting street (see
Plate 2*). Such easement dedication shall be expressed on the plat
or plan as follows: "Sight triangle easement deeded for purposes provided
for and three hundred (300') feet; collector streets at two hundred
(200') feet and local streets at ninety (90') feet. Where the intersecting
streets are both arterials, both collectors, or one arterial and one
collector, two overlapping sight triangles will be required, formed
by connecting the "sight point" noted above with a "sight point" ninety
(90') feet on the intersecting street (see Plate 2[1]). Such easement dedication shall be expressed on the plat
or plan as follows: "Sight triangle easement deeded for purposes provided
for and expressed in the Land Development Ordinance of the Township
of Bedminster."
[1]
Editor's Note: Plate 2, Sight Triangle Easement Intersection Diagrams, attached to this chapter.
[Ord. #92-05, § 2; Ord. #92-18, § 1;
Ord. #98-21, § 1; Ord. #2001-13, §§ 1—3;
Ord. #2008-010, §§ 1—6]
The following standards have been developed consistent with
the township Master Plan with the purpose of reducing skyglow, minimizing
light trespass, reducing impacts on historic and residential sites
and uses, and to promote energy conservation.
a.
These standards apply to nonresidential, PUD and multi-family uses
as well as public and private roads created as part of a subdivision
application or site plan application made to the Planning Board or
Zoning Board of Adjustment.
b.
Street lighting of a type supplied by an electric utility and of
a type and number approved by the Township Engineer shall be provided
at all street intersections and along all arterial, collector and
local streets and at other locations deemed necessary for safety reasons.
Wherever electric utility installations are required to be underground,
the applicant shall provide for underground service for street lighting.
c.
Unless otherwise regulated within this section, all parking areas
and walkways, passageways and access drives thereto serving commercial,
public, office, multiple family or other uses having common off-street
parking and/or loading areas shall be adequately illuminated for security
and safety purposes. Lights in and around access and parking areas
shall be focused downward. All light sources shall not be visible
from adjoining properties. Luminaries shall be shielded to reduce
glare and lamps shall be recessed in the luminaire. Vertical cut-off
angles shall be 75 with zero (0°) degrees below the luminaire.
The light intensity provided at ground level shall be represented
on the site plan with photometric curves (isolux lines) labeled in
footcandles. The photo-metric curves shall be developed from a point-to-point
distribution pattern, a copy of which shall be submitted with the
supporting documentation for the plan.
Illumination levels for streets and nonresidential uses shall
be as follows:
|
Illumination Levels in Footcandles (Initial)
| |||
|---|---|---|---|
|
Maximum
|
Minimum
|
Average
| |
|
Site Lighting
|
4.0
|
0.20
|
1
|
|
Egress Lighting
|
1.5
|
0.50
|
1
|
The illumination levels set forth in this table are
a guide. Final designs shall consider the ambient lighting levels
from surrounding properties. Light levels measured at property lines
abutting residential uses shall be less than 0.1 footcandles.
Uniformity measurements shall be in accordance with guidelines
and standards set forth by the Illuminating Engineering Society of
North America (IESNA) Lighting Handbook, as supplemented and amended.
Site lighting shall be provided by fixtures with a mounting
height of not more than sixteen (16') feet or the height of the building,
whichever is less, measured from the ground level to the centerline
of the light source. Except for minimum security lighting, illumination
for nonresidential uses shall be extinguished at 11:00 p.m. or the
end of the business day, whichever is earlier, except for eating and
drinking establishments where the same will be extinguished at the
time the establishment is closed.
d.
The illumination patterns on each site plan shall be of sufficient
detail to determine the effects on adjacent properties, traffic safety
and overhead sky glow and lighting should be specified which will
minimize these undesirable effects. House shields shall be provided
where fixtures are adjacent to residential uses or within thirty-five
(35') feet of public roadways. No light shall shine into windows or
onto streets and driveways in such a manner as to interfere with or
restrict driver vision or interfere with the use and enjoyment of
adjacent properties. To achieve these requirements, the intensity
of light sources, light shielding and similar characteristics shall
be subject to site plan approval. Building facade illumination is
not permitted except for places of worship.
e.
In the case of nonresidential uses, interior lighting shall not be
visible from the property lines of the lot on which the premises lies
after the hour of 11:00 p.m. or at the end of the business day, whichever
is earlier, except for eating and drinking establishments where the
same will not be visible from the said property lines after the establishment
is closed. This restriction does not apply to minimum interior security
lighting.
f.
Illumination at any street intersection shall not be less than 0.5
footcandles nor greater than five (5.0) footcandles.
g.
Lighting fixtures shall in general be in conformance with those on
surrounding properties. The purpose of this section is to ensure fixtures
are consistent with the historic village atmosphere of Bedminster,
Pluckemin and Pottersville. To accomplish this goal, and to reduce
the glare from lighting sources, properly shielded colonial type fixtures
shall be used at entrances along the streetscape and shoe box type
fixtures shall be used within parking lots. The use of bollard lights
with unshielded sources or reflectors is prohibited.
h.
Lighting solely for the purposes of artificially illuminating landscaped
areas shall be prohibited.
i.
Lighting for recreational purposes (tennis courts, riding rings and other uses) shall be a conditional use in all zones. (See subsection 13-601.6).
j.
Lighting, illuminated signs, or window displays visible from the
exterior shall not have moving, blinking or neon-type lights.
k.
Vending machines, where previously permitted, located outside shall
not be illuminated.
l.
Sign Lighting. Externally illuminated signs shall be lit by means
of a single fixture per face mounted on top of the sign, pointing
downward onto the sign. Ground mounted lighting is prohibited. The
light sources shall provide no more than 2,000 lumens.
[Ord. #2008-010, § 7]
These standards apply to recreational and agricultural uses
in all zones:
[Ord. #2008-010, § 7]
The following standards apply to single-family residential zones:
a.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
b.
Each lot must front upon an approved street.
c.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as poor drainage conditions
or flood conditions, percolation tests or test borings indicating
the ground conditions to be inadequate for proper sewage disposal
for on-lot sewage treatment or similar circumstances, the Board, after
adequate investigation, may withhold approval of such lots. If approval
is withheld, the Board shall give reasons and notify the applicant
and enter the same in the minutes.
d.
Concrete monuments shall be installed on one side of all streets
and elsewhere in accordance with the requirements of the New Jersey
Map Filing Act.
[Ord. #94-18, § 3; Ord. #95-49, § 3;
Ord. #2001-31, § 1]
a.
Natural features such as trees, hilltops and views, natural terrain,
open waters and natural drainage ridge lines shall be preserved wherever
possible in designing any development containing such features. As
part of the subdivision or site plan review process, development should
be designed to preserve scenic vistas and views of cultural/historic
landmarks and of unique geographic and topographic features. On hillsides,
development should be sited below the ridge line and the height and
location of development should protect unobstructed views of the ridges
from public roadways designated as scenic corridors in the Master
Plan.
b.
No top soil shall be removed from areas intended for lawn and open
space. Top soil moved during the course of construction shall be redistributed
evenly over the tract so as to provide at least four (4") inches of
cover to all areas, which cover shall be stabilized by approved seeding
and/or planting.
c.
A conscious effort shall be made to preserve the existing vegetation
on the site. In any case, a sufficient number of shade trees shall
be provided and planted on the site to ensure a minimum of eight trees
per acre for each lot or tract. The proposed location of the trees
shall be indicated on the site plan and/or subdivision submission.
All newly planted shade trees shall be of nursery stock, shall have
a minimum caliper of two (2") inches and shall be of a species indigenous
to the area.
d.
In order to provide for the protection of stream corridors, a conservation easement shall be provided for all water courses. The width of the conservation easement shall be fifty (50') feet from the top of each bank. In cases where a well-defined top of bank does not exist, the easement shall be fifty (50') feet from the water's edge. In cases where a well-defined water's edge does not exist, the easement shall be fifty (50') feet from the centerline of the watercourse. Such conservation easement shall be perpetual, shall name the Township of Bedminster as beneficiary, shall prohibit erection of any structures, except necessary access crossings and/or other structures approved pursuant to subsection 13-605.11 and shall be confirmed by deed and by plat filed with the County Recording Officer in compliance with the Map Filing Law. The Township Committee shall notify the Environmental Commission before vacating or modifying any conservation easement established on a stream corridor.
e.
Watercourses and their ecological habitat shall be protected by buffers
established and maintained as follows:
1.
Along any watercourse identified as a perennial or intermittent stream on the USDA Soil Survey for Somerset County, development shall be restricted with no building, parking lot or septic field constructed within twenty-five (25') feet of the watercourse centerline. Improved recreational trails and necessary road and utility crossings and/or other structures approved pursuant to subsection 13-605.11 of this chapter shall be allowed.
2.
Along any watercourse identified as a blue line stream on United States Geological (USGS) Survey Maps, a three-tier managed buffer system shall be maintained to promote enhancement of water quality. Development shall be restricted in the buffer and there shall be no buildings, driveways, roads and utilities, septic systems or septic fields, except as necessary access crossings and/or other structures approved pursuant to subsection 13-605.11 of this chapter. The buffer for blue line streams shall be established and maintained in accordance with the following standards:
(a)
A streamside buffer shall be established for all developments
to stabilize the bank and water temperatures. The streamside buffer
shall extend outward from the top of the bank or, in its absence,
the water's edge. Natural vegetation shall remain undisturbed.
(b)
For all site plans (whether major or minor site plans) and major
subdivisions, a forest buffer shall be established to improve water
quality and reduce flood flows. The forest buffer shall extend between
the streamside buffer and the outer buffer. Managed forestry uses
which maintain leaf litter shall be permitted. For all vacant lots
in existence as of the effective date of this paragraph[1] and for all minor subdivisions a forest buffer is encouraged
and shall be allowed to grow naturally to improve water quality and
reduce flood flows.
[1]
Editor's Note: Paragraph e, codified herein, was adopted by
Ordinance No. 2001-31, November 5, 2001.
(c)
An outer buffer shall be established for all site plans (whether
major or minor site plans) and major subdivisions to slow and filter
overland water flows. The outer buffer shall be situated outside the
streamside and forest buffers. Permitted activities include managed
forestry uses which maintain leaf litter, hay fields, "no till" cropping,
and pasture (except not more than one head of sheep or cow per five
acres). Minimum required front, side and rear yards on the lot shall
be measured from the outer line of the outer buffer. For all vacant
lots in existence as of the effective date of this paragraph[2] and for all minor subdivisions, an outer buffer is encouraged
and shall be allowed to grow naturally to improve water quality and
reduce flood flows.
[2]
Editor's Note: Paragraph e, codified herein, was adopted by
Ordinance No. 2001-31, November 5, 2001.
(d)
The width of the buffers set forth above shall reflect the environmental
values of the watershed for potable water supply, recreational use
and natural habitat in accordance with the following widths or setbacks:
|
Streamside buffer
|
25'
|
|
Forest buffer
|
25'
|
|
Deforested tracts
| |
|
Moderate: 26+% — 50% or less cover
|
+15'
|
|
Severe: 13+% — 26% or less cover
|
+30'
|
|
Extreme: 13% or less cover
|
+60'
|
|
In trout stocked areas
|
+50'
|
|
In trout production or trout maintenance areas
|
+100'
|
|
Outer buffer
|
25'
|
Where steep slopes (in excess of 25%) sloping up from
the stream are located within the buffer, the entire distance of the
steep slope area shall be added to the buffer.
(e)
At least some of the trees planted or transplanted on a site
in accordance with a tree mitigation plan under the tree removal ordinance
shall be planted in the forest buffer area. The trees planted shall
consist of native species as identified by the Bedminster Township
Environmental Commission.
(f)
The conservation easements, established under Section 13-506d, shall authorize the streamside and forest buffer plantings and management activities set forth in this section. A conservation easement consistent with this paragraph and approved as to form and content by the Township Engineer and Planning Board Attorney shall be filed with all subdivision and site plans requiring a buffer pursuant to this ordinance.
(g)
The use of pesticides, herbicides and fertilizers shall be prohibited
in all of the buffers.
a.
Any lawful nonconforming use which existed at the time of the passage
of this chapter may be continued and any existing structure devoted
to a nonconforming use may be structurally altered to the following
regulations:
1.
A nonconforming use shall not be enlarged unless the use is changed
to a conforming use. However, where a building meets the use requirements
of this chapter but is nonconforming because of height, area or yard
requirements, said use may be enlarged provided the height, area or
yard regulations are not violated; i.e., if a front yard is made nonconforming
by a street widening, this does not preclude a conforming addition
to the rear within the rear setback line.
2.
A nonconforming use, once changed to a conforming use, shall not
thereafter be changed back to a nonconforming use.
3.
A nonconforming use in existence at the time of the passage of this
chapter shall not be permitted to be changed to another nonconforming
use.
b.
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 any nonconforming building that is
partially destroyed in the manner aforesaid may be reconstructed and
thereafter used only in such a manner as not to further violate the
reasons for the nonconformity.
c.
Any building that is nonconforming because of use, that is totally
destroyed in the manner aforesaid, may be rebuilt only as a conforming
use.
d.
Any building that is nonconforming because of height, area or yard
requirements that is totally destroyed, may be rebuilt only if the
height, area and yard requirements of this chapter are met. In the
event that it is physically impossible to meet the height and area
and yard requirements of this chapter, said building may be rebuilt
providing the nonconforming height and area and yard requirements
are not further violated.
e.
Any nonconforming use that is partially destroyed must be the subject
of an application for a construction 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 last mentioned
12 month period, a construction permit will be issued for a conforming
use only.
f.
Nothing in this chapter shall prevent the restoration of a wall or
other structural element declared unsafe by the construction official.
g.
Nothing in this chapter shall be interpreted as authorization for,
or approval of, the continuance of the use of a structure in violation
of zoning regulations heretofore in effect.
h.
The foregoing provisions of this section shall also apply to structures,
land or uses, which hereafter become nonconforming due to reclassification
of zone districts under this chapter, or any subsequent change in
the regulations of this chapter.
i.
No nonconforming use shall be extended to displace a conforming use.
j.
Whenever a nonconforming use has been discontinued for a period of
one year or more, there shall be a prima facie presumption that such
use was abandoned.
k.
1.
Nonconforming lots in the R-10 District. The owner of any existing
vacant lot of six acres or more but less than 10 acres may be permitted
to construct a dwelling unit thereon and may be permitted to construct
an accessory building thereto (but not an accessory dwelling unit)
without an appeal to the Board of Adjustment, provided that the total
building coverage and floor area ratio requirements of the "R-10"
District are not exceeded and the yard requirements are reduced by
the same percentage that the lot bears to the zone district requirements.
The owner of any existing lot of six acres or more but less than 10
acres upon which a dwelling unit is situated may be permitted to construct
additions to the principal building and/or construct an accessory
building thereto (but not an accessory dwelling unit) without an appeal
to the Board of Adjustment, provided that the total permitted building
coverage and floor area ratio requirements of the "R-10" District
are not exceeded and the yard requirements are reduced by the same
percentage that the lot area bears to the zone district requirements.
2.
Nonconforming Residential Lots in All Zones. Where existing lots
are of insufficient size to meet the lot area requirements of this
chapter, new dwelling units or additions to existing dwelling units
or accessory buildings may be constructed in accordance with the following
schedule:
|
Existing Lot Size Ranges
| ||||
|---|---|---|---|---|
|
Up to 1/4 acre
|
More than 1/4 acre but less than 1/2 acre
|
1/2 acre or more but less than 2 acres
|
2 acres or more but less than 6 acres
| |
|
Principal building:
| ||||
|
Minimum yards:
| ||||
|
Side yard
|
15'
|
20'
|
20'
|
50'
|
|
Combined side yard(1)
|
50% of lot
|
50% of lot
|
50% of lot
|
50% of lot
|
|
Front yard
|
25'
|
40'
|
50'
|
75'
|
|
Rear yard
|
30'
|
45'
|
50'
|
50'
|
|
Accessory building:
| ||||
|
Minimum distance to:
| ||||
|
Side line
|
10'
|
10'
|
15'
|
30'
|
|
Rear line
|
10'
|
10'
|
15'
|
30'
|
|
Other building
|
10'
|
10'
|
15'
|
30'
|
|
Maximum:
| ||||
|
Building coverage of principal building
|
20%
|
15%
|
10%
|
5%
|
|
Lot coverage
|
35%
|
25%
|
15%
|
8.5%
|
|
Floor area ratio
|
NA
|
NA
|
NA
|
3%
|
(1)Not applicable in the
VR-80 and VR-100 Zones.
a.
Except for detached single-family and two family dwelling units,
a screen planting, berm, fence, wall or combination thereof, not less
than four (4') feet in height, shall be provided between the off-street
parking areas and any lot line or street line except where a building
intervenes or where the distance between such areas and the lot line
or street line is greater than one hundred fifty (150') feet.
b.
All loading areas shall be landscaped and screened sufficiently to
obscure the view of the parked vehicles and loading platforms from
any public street or adjacent residential district(s) throughout the
year. Such screening shall be by an extension of the building, a fence,
berm, wall, planting or combination thereof.
c.
Each off-street parking area shall have a minimum area equivalent
to one parking space per every 30 spaces landscaped with approximately
1/2 said area having shrubs no higher than three (3') feet and the
other half having trees with branches no lower than seven (7') feet.
Such landscaped areas shall be distributed throughout the parking
area in order to break the view of parked cars in a manner not impairing
visibility.
Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with Section 13-504.
[Ord. #2000-12, § 1]
a.
All parking and loading areas and access drives shall be paved as
provided below except that the Board, at the request of the applicant
and in consideration of the specific parking needs of the applicant
and a desire to preserve the natural environment when possible, may
permit the elimination of the pavement requirement and/or a reduction
in the area devoted to parking provided:
1.
The submitted plan shall include all the parking spaces required
by this chapter and shall include those spaces to be paved and those
requested not to be paved;
2.
All parking areas not to be paved shall be suitably landscaped and
such landscaping shall be indicated on the submitted plan and be in
addition to landscaping otherwise required or necessary; and,
3.
The applicant shall agree in writing on the submitted plan to pave
any or all of the nonpaved parking areas should the paved parking
areas prove to be inadequate to accommodate the on-site parking needs
of the premises.
4.
All parking areas not to be paved shall be considered as lot coverage
with respect to the area and yard requirements for the respective
districts.
b.
All paved parking and loading areas and access drives shall be paved
as outlined below unless otherwise specified by the appropriate municipal
agency and approved as part of the development application approval.
All parking areas, regardless of size and location, shall be suitably
drained and maintained.
1.
Areas of ingress or egress, parking stall areas and other areas likely
to experience similar light traffic shall be paved with not less than
four (4") inches of compacted base course of plant mixed bituminous,
stabilized base course, prepared and constructed in accordance with
Division 3, Section 2A, of the New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction (1961) and
amendments thereto. A minimum two (2") inch wearing surface of bituminous
concrete (FABC) shall be constructed thereon in accordance with Division
3, Section 10, of the aforesaid New Jersey Highway Department specifications
and amendments thereto. If and where directed by the Township Engineer
due to unsuitable base conditions, a minimum of three (3") inches
of graded quarry blend (Mix #5) shall be provided.
2.
Where subbase conditions of proposed parking and loading areas are
wet, springy or of such a nature that surfacing would be inadvisable
without first treating the subbase, the treatment of the subbase shall
be made in the following manner: The areas shall be excavated to a
suitable depth below the proposed finished grade and filled with a
suitable subbase material as reasonably determined by the Township
Engineer. Where required by the Township Engineer, a system of porous
concrete pipe subsurface drains or an alternate solution approved
by the Township shall be constructed beneath the surface of the parking
area and connected to a suitable drain. After the subbase material
has been properly placed and compacted, the parking area surfacing
material, as described heretofore, shall be spread thereon.
c.
All off-street parking lots shall have adequate designations to indicate
traffic flow and parking spaces.
d.
All parking and loading areas and access drives serving nonresidential
and multiple-family developments shall be curbed throughout. Curbing
within other developments shall be installed at all intersections,
where storm water velocities exceed the erosion velocities specified
in the "New Jersey Soil Erosion Sedimentation" standards, and/or bordering
streets or other areas where on-street parking is permitted and/or
likely to occur.
[Ord. #95-49, § 4]
The centerlines of any separate access points shall be spaced
at least fifty-five (55') feet apart, shall handle no more than two
lanes of traffic; shall be at least twenty (20') feet from any property
lines; and shall be set back from the street line of any intersecting
street at least fifty (50') feet or 1/2 the lot frontage, whichever
is greater, except that in no case need the setback distance exceed
two hundred (200') feet. Continuous open driveways in excess of sixteen
(16') feet at the street line shall be prohibited except that two-way
driveways serving nonresidential uses and multiple-family developments
shall be at least twenty-four (24') feet wide. In all instances, due
consideration to the proposed width, curbing, direction of traffic
flow, radii of curves and method of dividing traffic lanes shall be
given. Curbing shall be depressed at the driveway or the curbing may
be rounded at the corners and the driveway connected with the street
in the same manner as another street. Guided by the Township's adopted
circulation plan element of the master plan, where appropriate, a
plan for bikeways, bicycle racks, sidewalks, and/or walkways for all
subdivisions of 10 or more and all nonresidential uses of 20,000 square
feet or more shall be provided to assure safe pedestrian access to
adjacent neighborhoods, adjoining roads or commercial centers.
Required off-street parking and loading spaces shall be located
on the same lot or premises as the use served, regardless of the number
of spaces required by this chapter. No designated parking spaces shall
be permitted in fire lanes, public streets, driveways, landscaped
areas, aisles, buffer areas, sidewalks or turning areas and, in the
case of nonresidential uses only, no parking shall be permitted in
minimum required front, side or rear yard areas.
a.
Parking spaces may be on, above or below the surface of the ground.
When parking spaces are provided within a garage or other structure,
said structure shall adhere to the proper accessory or principal building
setbacks, as applicable.
b.
The provision of parking spaces shall also include adequate driveway
and necessary turning areas for handling the vehicles for which provision
is made. Aisles providing access to parking areas shall have the following
minimum dimensions:
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|---|---|---|
|
90°
|
22'
|
24'
|
|
60°
|
18'
|
20'
|
|
45°
|
15'
|
20'
|
|
30°
|
12'
|
18'
|
|
Parallel
|
12'
|
18'
|
Where the angle of parking is different on both sides
of the aisle, the larger aisle width shall prevail.
An application for a construction permit shall provide documentation
that the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
These provisions shall not apply to any sewage treatment plant which
has received approval by the State Department of Environmental Protection.
All electric or electronic devices shall be subject to the provisions
of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968,
entitled "An Act for the Protection of Public Health and Safety from
the Dangers of Electronic Product Radiation." Radiation products,
as defined in HEW Publication No. (FDA) 75-8003, are prohibited. All
forms of electromagnetic radiation lying between 100KHz and 10GHz
shall be restricted to the technical limits established in the Federal
Communication Commission's Rules and Regulations. Additionally, electric
or electronic equipment shall be shielded so there is no interference
with any radio or television reception at the lot line (or beyond
the operator's dwelling unit in the case of multi-family dwellings)
as the result of the operation of such equipment.
No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered, and directed so that glare,
direct light or reflection will not become a nuisance to adjoining
properties, adjoining units, adjoining districts or streets.
No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which could cause the temperature
to rise or fall in any body of water, except that this provision shall
not apply to any sewerage treatment plant which has received approval
by the State Department of Environmental Protection.
[Ord. #2000-12, § 1]
Uses and equipment shall be designed and operated in accordance
with those rules and regulations pertaining to noise levels established
by the New Jersey Department of Environmental Protection as they are
adopted and amended.
a.
Exemptions. The following are exempt from the noise level limits.
1.
Noise from domestic power tools, lawn mowers, and agricultural equipment
when operated with a muffler between the hours of 8:00 a.m. and 8:00
p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal
holidays, provided they produce less than 85 dBA at or within any
real property line of a residential property;
2.
Sound from the bells and chimes of houses of worship when a part
of a religious observance or service;
3.
Noise from construction activity provided all motorized equipment
used in such activity is equipped with functioning mufflers;
4.
Noise from snowblowers, snow throwers and snow plows when operated
with a muffler for the purpose of snow removal;
5.
Noise from stationary emergency signaling devices that conforms with
the provisions of N.J.A.C. 7:29;
6.
Noise from an exterior burglar alarm of any building or motor vehicle
provided such burglar alarm shall terminate its operation within 15
minutes after it has been activated.
b.
Prohibited Acts.
1.
No person shall cause, suffer, allow or permit to be made verbally
or mechanically any noise disturbance. Noncommercial public speaking
and public assembly activities conducted on any public space or public
right-of-way shall be exempt from the operation of this section.
2.
No person shall cause, suffer, allow or permit the following acts:
(a)
Sound reproduction systems. Operating, playing or permitting
the operation or playing of any radio, television, phonograph or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device;
(b)
Loudspeakers and public address systems. Using or operating
any loudspeaker, public address system, or similar device between
the hours of 10:00 p.m. and 8:00 a.m. on the following day, such that
the sound therefrom creates a noise disturbance across a residential
real property line;
(c)
Animals and birds. Owning, possessing or harboring any pet animal
or pet bird that frequently or for continued duration, makes sounds
that create a noise disturbance across a residential real property
line (for the purpose of this section, a noise disturbance from a
barking dog shall be defined as that created by a dog barking continually
for 10 minutes or intermittently for 30 minutes unless provoked);
(d)
Loading and unloading. Loading, unloading, opening, closing
or other handling of boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects, or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder or pellet form, or the compacting of refuse by persons engaged
in the business of scavenging or garbage collection, whether private
or municipal, between the hours of 10:00 p.m. and 7:00 a.m. the following
day when the latter is a weekday and between the hours of 10:00 p.m.
and 7:00 a.m. the following day when the latter is a legal holiday
or weekend except by permit, when the sound therefrom creates a noise
disturbance across a residential real property line;
(e)
Standing motor vehicles. Operating or permitting the operation
of any motor vehicle whose manufacturers gross weight is in excess
of 10,000 pounds, or any auxiliary equipment attached to such a vehicle,
for a period of longer than five minutes in any one hour while the
vehicle is stationary for reasons other than traffic congestion or
emergency work, on a public right-of-way or public space within 150
feet of a residential area between the hours of 8:00 p.m. and 8:00
a.m. of the following day;
(f)
Construction and demolition. Operating or permitting the operation
of any tools or equipment used in construction, drilling, earthmoving,
excavating or demolition work between the hours of 5:00 p.m. and 7:00
a.m. the following day on weekdays, 5:00 p.m. and 8:00 a.m. on Saturday
evening through the following Monday morning, or at any time on legal
holidays, provided such equipment is equipped with a functioning muffler
except for (a) emergency work, or (b) when the sound level does not
exceed the levels established by the New Jersey Department of Environmental
Protection.
c.
Exceptions. The provisions of this section shall not apply to:
1.
The emission of sound for the purpose of alerting persons to the
existence of an emergency except as elsewhere provided in this chapter;
2.
The emission of sound in the performance of emergency work;
3.
The emission of sound in situations within the jurisdiction of the
Federal Occupational Safety and Health Act; or
4.
Noise from municipally sponsored or approved celebrations or events.
Odors shall not be discernible at the lot line or beyond.
[Ord. #93-4, § 2]
No provision shall be made for the depositing of materials or
waste upon a lot where they may be transferred off the lot by natural
causes or forces or where they can contaminate an underground aquifer
or otherwise render such an underground aquifer undesirable as a source
of water supply or recreation or where they will destroy aquatic life.
Provision shall be made for all material or waste which might cause
fumes or dust or which constitute a fire hazard or which may be edible
or otherwise attractive to rodents and insects to be enclosed in appropriate
containers to eliminate such hazards. In the "VN" and "OR" Districts,
specifically, outside storage and/or display of merchandise, product,
equipment, waste or similar material or objects shall be prohibited,
except as follows: (1) shopping carts at supermarkets which may be
stored within accessory building setback distances for the zone in
which the use is located, (2) garbage/recycling containers properly
shielded, containers for flowers/decorative plantings, nursery stock
and benches may be displayed or maintained within accessory building
setback distances for the zone in which the principal property use
is located, (3) outside public telephones shall be attached to the
principal building on a property (the only signage to be associated
with the telephone shall be that which is customarily affixed to the
equipment to provide operating instructions), (4) U.S. Postal receptacles
shall be maintained in accordance with standard postal regulations,
(5) outside delivery service receptacles (other than U.S. Postal receptacles)
shall be maintained within three (3') feet of the principal building
on a property, (6) items permitted through site plan approvals, and
(7) automotive related merchandise dispensed at automobile service
station gas pump locations, i.e., gas and oil; other related service
station merchandise, i.e., batteries, tires and the like may only
be displayed within three (3') feet of the principal building on a
property.
No use shall obstruct the natural ventilation of adjacent uses
nor contaminate the air with excessive heat or odor. Further, no air
conditioners or exhaust fans shall be permitted to discharge exhausted
air unless set back from all property lines ten (10') feet or equipped
with baffles to deflect the discharged air away from the adjacent
use.
There shall be no vibration which is discernible to the human
senses of feeling beyond the immediate lot.
a.
All public services shall be connected to an approved public utilities
system where one exists. The developer shall arrange with the servicing
utility for the underground installation of the distribution supply
lines and service connections, in accordance with the provisions of
the applicable standard terms and conditions incorporated as part
of its tariff, as the same are on file with the New Jersey State Board
of Public Utility Commissioners, and the developer shall provide the
Township with four copies of a final plan showing the installed location
of the utilities. The developer shall submit to the Board, prior to
the granting of final approval, a written instrument from each serving
utility which shall evidence full compliance with the provisions of
this paragraph; provided, how-ever, that lots which abut existing
streets where over-head electric or telephone distribution supply
lines and service connections have heretofore been installed may be
supplied with electric and telephone service from those overhead lines,
but any new service connections from the utilities, overhead lines
shall be installed underground. In cases where extensions of service
are needed to existing or new buildings in established subdivisions
or developments, the present method of service may be continued. In
the case of existing overhead utilities, however, should a road widening
or an extension of service or such other condition occur as a result
of the development and necessitate the replacement or relocation of
such utilities, the applicant and the Township, together, shall attempt
to cause such replacement or relocation to be under-ground.
b.
Easements along property lines or elsewhere for utility installation
may be required. Such easements shall be at least twenty (20') feet
wide and located in consultation with the companies or Township departments
concerned and, to the fullest extent possible, shall be centered on
or adjacent to lot lines. Such easement dedication shall be expressed
on the plat or plan as follows: "Utility right-of-way easement granted
for the purposes provided for and expressed in the Land Development
Ordinance of Bedminster Township".
a.
Where required and where a public or private treatment and collection
system is provided, the developer shall construct such facilities
in accordance with the N.J.D.E.P. permit requirements and in such
a manner as to make adequate sewage treatment available to each lot
and structure within the development from said treatment and collection
system. If a public or private treatment and collection system is
included as part of a development application, the developer shall
install dry sewers, including connections to each home to be constructed.
b.
Any individual on-lot septic system shall be designed in accordance
with the requirements of the State Health Department or the Township
Ordinances enforced by the Township Board of Health, whichever is
more restrictive, and shall be subject to approval by the Township
Board of Health.
[Ord. #89-17, § 1F; Ord. #91-08, §§ 3,
4; Ord. #2000-12, § 1; Ord. #2008-09, §§ 2,
3]
No signs may be placed on or attached to a building or erected
independently for any purpose other than to advertise a permitted
business or permitted use conducted on the same premises unless specifically
permitted herein. No billboards shall be erected or replaced. The
erection of any sign shall require a sign permit unless specifically
exempted herein. No sign of any type shall be permitted to obstruct
pedestrian or driving vision, traffic signals, traffic directional
or identification signs, other places of business, or other signs
or windows of the building on which they are located. No sign shall
be erected which has a shape, color or construction that resembles
emergency, regulatory or warning signs. Use of reflective and glowing
materials is prohibited.
a.
Animated, Flashing and Illusionary Signs. Signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement are prohibited.
b.
Height. Unless otherwise regulated within this Ordinance, no free-standing
or attached sign shall be higher than eight (8') feet as measured
from the average existing grade underneath the sign to the highest
point of the sign, including all supporting members.
c.
Free-Standing Signs. Free-standing signs shall be supported by one
or more columns or uprights which are firmly embedded in the ground.
Exposed guy wires, chains or other connections shall not be a support
of a free-standing sign.
d.
Illuminated Signs. Illuminated signs shall be arranged to direct
the light and glare away from adjoining premises and away from adjoining
streets. No sign with red, green, blue or amber illumination shall
be erected in any location. No internally-lighted signs or neon signs
are permitted.
e.
Information and Direction Signs. Farm and property identification
signs, street number designations, postal boxes, "private property",
"no hunting", on-site directional, regulator and parking signs and
warning signs are permitted in all zones and are not considered in
the calculating sign area of other permitted signs. No such signs
shall exceed two square feet in area, and shall not exceed four (4')
feet in height. Such signs do not require a sign permit, unless otherwise
required by the regulations pertaining to a particular zone. A maximum
of two on-site directional, regulator, parking or warning signs are
permitted.
f.
Maintenance. Signs and, in the case of permitted free-standing signs,
the mounting area on the ground level beneath the sign, must be constructed
of durable materials, maintained in good condition and not allowed
to become dilapidated, unsightly, or unstable.
g.
Real Estate Signs.
1.
In all zones, one real estate sign per site, temporarily advertising
the sale, rental, lease, or future development of the site, the premises,
or some portion thereof, may be located on the site, on private property,
and, if not attached to the building, shall be set back from all street
and property lines a minimum of ten (10') feet. The height shall not
exceed six (6') feet and the area shall not exceed six square feet.
No permit shall be required. Signs such as "too late", "sale pending"
or "sold" or others of a similar nature shall be prohibited.
2.
In lieu of the sign specified in paragraph 1 hereof, on lots or tracts
of three acres or more, one sign per tract temporarily advertising
the sale, rental, lease or future development of the tract may be
located on the site, on private property. The sign shall not exceed
10 square feet in area and shall be set back from all street and property
lines a distance of eighteen (18') feet. The height shall not exceed
five (5') feet from the ground to the top of the sign. Sign permits
shall be required and shall be renewed annually. Prior to receiving
any permit or renewal, the applicant shall demonstrate that the sign
is in compliance with all zoning regulations, is in good repair and
reflects accurate and current information.
h.
Sign Area. The area of a sign shall be measured using the dimension
of the maximum width and length of the framed or enclosed sign, including
the background, whether open or enclosed, or combination thereof,
but said area shall not include any supporting framework and bracing
incidental to the display itself.
i.
Signs with two Exposures. Such signs shall be measured for area by
using the surface of one side of the sign only. Both sides may be
used.
j.
Wall Fascia or Attached Signs. Wall fascia or attached signs shall
be firmly attached to the exterior wall of the building and shall
not project more than six (6") inches from the building nor be higher
than the eave line of the building. The sign surface shall be composed
of nonglow and nonreflective materials.
k.
Window Signs. Interior window signs shall not be considered in computing
the allowable signs provided, however, that such interior signs provide
temporary information not displayed for more than a two week period
and not exceeding 20% of the total front window area on which said
interior sign is located.
l.
Relocated Signs. Signs which are to be relocated on a premises shall
require a sign permit for such relocation, unless the provisions of
this chapter would permit the initial installation of a sign on the
premises to be made without a sign permit. All signs which are to
be relocated shall conform to all applicable sections of this chapter.
The applicant for such permit shall furnish a plan showing exact sign
location and details required to confirm compliance with the chapter.
m.
Sign Permits. Unless otherwise exempted within this section, a sign permit shall be required for the erection of signs. All signs which are a permitted use will be subject to approval by the Bedminster Township Planning Board. Application for a sign permit shall be filed on a form available from the Township Clerk. All applications shall be accompanied by plans showing exact sign location and details as required to confirm compliance with the chapter. Permits will be issued only for those signs which meet all requirements set forth in subsection 13-512.1a through m and the sign regulations of the applicable zoning district.
n.
Signs on a property must be used for the identification of the current
occupant. Within 30 days of a business ceasing operation or a property
being vacated the signs, other than information and direction signs,
are to be removed, made blank, or used as real estate signs for that
property.
[Ord. #89-17, § 1G]
a.
Street signs shall be in conformance with municipal standards. All
signs shall be installed free of visual obstruction.
[Ord. #91-08, § 5]
Within commercial areas, signs shall be coordinated so as to
create an overall appearance of uniformity of style and color, and
a proportionality of size and shape. In addition to the standards
set forth in the general provisions of this section, signs with commercial
areas for which a sign plan has not been approved by the Planning
Board, shall:
a.
Comply with all the provisions relating to signs for the zone in
which the commercial area exists; or
b.
Comply with the following:
1.
One sign shall be allowed for each permitted use.
2.
The sign for each permitted use shall be attached flat against the
building on the principal facade.
3.
The sign for each permitted use shall be centered on the principal
facade of the use and shall be no more than eighteen (18") inches
in height.
4.
The maximum area of all lettering for each use shall not exceed:
(a)
5% of the area of the principal facade of the use, which shall
be delineated by the outside front dimension of the use, or 50 square
feet, whichever is smaller; or
(b)
5% of the area of the principal facade of the entire commercial
area divided evenly by the number of users, or 50 square feet, whichever
is smaller.
(c)
All signs within each commercial area shall comply with the
area restrictions of either paragraph (a) or (b) herein.
c.
All signs within each commercial area shall be identical in material,
shape, color and lettering style.
[Ord. #01-08, § 5; Ord. #2002-14, § 2;
Ord. #2008-09, § 4]
a.
Temporary Noncommercial Signs. Annual activities or temporary events
sponsored by charitable, religious or civic organizations or by government
agencies shall be permitted to erect one temporary sign which shall
not exceed a total area of 16 square feet, nor a height of eight (8')
feet. The sign may be erected no sooner than two weeks prior to the
event and must be removed one day after the event. The sign must be
placed on the site of the event. No sign permitted hereunder shall
remain standing for longer than three weeks. In addition to the foregoing,
one additional sign conforming to the foregoing dimensional standards,
may be placed, with the property owner's permission, at the northwest
corner of the intersection of Lamington Road and Route 206. No more
than three signs shall be placed at this location at one time. Such
signs shall not interfere with traffic visibility. Sandwich board
and free standing sign styles are permitted. No activity or event
may be advertised more than once at this site in any calendar year.
All signs permitted hereunder shall require a sign permit.
b.
Temporary Commercial Signs. Contractors and home service providers
shall be permitted to erect one temporary business advertising sign
on site during the progress of their work at a specific Block and
Lot. Only one sign per contractor or home service provider per separate
site shall be permitted. Signs shall remain in place on site only
while the contractor or home service provider is active at the site,
but in no case more than 30 consecutive days in any 12 month period.
Signs at subdivisions may remain in place for longer periods with
written approval of the zoning officer or township engineer. No signs
shall exceed two square feet in size nor three (3') feet in height.
Signs shall not be lighted nor in any way interfere with driver visibility.
c.
Temporary Off Premises Signs. Shall be allowed at a maximum of three
locations for routing purposes, and limited to four square feet in
size with a maximum height of three (3') feet. Display shall be limited
to Saturdays and Sundays from 10:00 a.m. to 7:00 p.m. All signs shall
be placed as to not obstruct walkways or create obstructions to vehicle
traffic. No permit is required.
d.
One flag of generic design or logo with a maximum dimension of 15
square feet in addition to the other permitted signs is allowed provided
the flag or its supports do not intrude into any driveway walkway,
stairway, sidewalk or egress path and does not create a danger to
pedestrians or vehicle traffic. No permit required.
e.
Temporary seasonal banners and signs are permitted for a maximum
of 45 days per year per premises, with a maximum of 14 consecutive
calendar days per sign. There is a minimum waiting period between
displays equal to the time the previous display. (Five day display,
then five day minimum wait until the next display). Maximum display
size is 18 square feet or 10% of the premises facade, whichever is
less. The display or its supports must not intrude into any driveway,
walkway, stairway, sidewalk or egress path and does not create a danger
to pedestrians or vehicle traffic. A letter describing the display
must be filed with the zoning officer for his approval. The Zoning
Officer has 14 days to respond.
f.
Public purpose temporary off-premises signs are permitted by Bedminster
agencies and nonprofit organizations with a maximum size of four square
feet when in a right-of-way with a maximum two signs per intersection,
or 18 square feet when on municipal property other than a right-of-way.
The signs may be placed no more than two weeks prior to the event
and removed within one week of the event. A letter describing the
display must be filed with the Zoning Officer for his approval. The
Zoning Officer has 14 days to respond.
[Ord. #97-32, § 1]
The erection of temporary signs indicating a political preference for a person and/or a political party seeking election shall be permitted provided such signs do not exceed a total area of four square feet. Said signs shall not be erected sooner than 30 days prior to the election and must be removed no later than seven days after the election. Except as set forth herein, political signs shall conform to all requirements of subsection 13-512. No permit shall be required for political signs. Signs associated with a specific political event, other than elections, shall not be erected sooner than 15 days prior to the event and must be removed no later than three days after the event. The political organization associated with the signs and/or the individual(s) erecting the signs are subject to penalty for any violation or violations of this subsection.
a.
All developments shall be served by paved streets in accordance with
the approved subdivision and/or site plan and all such streets shall
have an adequate crown.
The arrangement of such streets not shown on the Master Plan
or Official Map, as adopted by the Township, shall be such as to provide
for the appropriate extension of existing streets and should conform
with the topography as far as practicable.
b.
When a new development adjoins land susceptible of being subdivided
or developed, suitable provisions shall be made for access to the
adjoining lands.
c.
Local streets shall be so planned and identified with appropriate
signs so as to discourage through traffic.
d.
In the event that a development adjoins or includes existing streets
that do not conform to widths as shown on the adopted Master Plan
or Official Map or the street width requirements of this chapter,
additional land along either or both sides of the street, sufficient
to conform to the right-of-way requirements, shall be dedicated for
the location, installation, repair and maintenance of streets, drainage
facilities, utilities and other facilities customarily located on
street rights-of-way. The necessary deeds of ownership shall be furnished
and the dedication shall be expressed as follows: "Street right-of-way
granted for the purposes provided for and expressed in the Land Development
Ordinance of Bedminster Township." If the development is along one
side only, 1/2 of the required extra width shall be dedicated and
the road shall be improved, including excavation, base courses and
surfacing, in accordance with the approved application.
e.
In all developments, the minimum private or public street right-of-way
shall be measured from lot line to lot line and shall be in accordance
with the following schedule, but in no case shall a new street that
is a continuation of an existing street be continued at a width less
than the existing street although a greater width may be required
in accordance with the following schedule:
|
R-O-W Width
|
Traffic Lanes
|
Shoulder Width Within Gutters
|
Width o.s. Gutters On Each Side (1)
|
Width Between Gutters & Curbs
| |||
|---|---|---|---|---|---|---|---|
|
No.
|
Width
| ||||||
|
Arterial
|
66'
|
2
|
@
|
13'
|
10'
|
10'
|
46'
|
|
Collector
|
60'
|
2
|
@
|
12'
|
8'
|
10'
|
40'
|
|
Local with parking
|
50'
|
2
|
@
|
18'(2)
|
—
|
7'
|
36'
|
|
Local without parking
|
50'
|
2
|
@
|
13'
|
—
|
12'
|
26'
|
|
Notes:
| |||||
|---|---|---|---|---|---|
|
(1) Shall be grass stabilized topsoil, minimum four (4") inches
thick.
| |||||
|
(2) Area adjacent to curb available as parking area.
|
f.
Street intersections shall be as nearly at right angles as possible
and in no case shall be less than eighty (80°) degrees. Approaches
to all intersections involving collector or arterial roads shall follow
a straight line, or a curve with a radius of not less than seven hundred
(700') feet for at least one hundred (100') feet. No more than two
streets shall meet or intersect at any one point and the centerlines
of both intersecting streets shall pass through a common point.
Any development abutting an existing street classified as an
arterial or collector shall be permitted only one new street connecting
with the same side of the existing street, except where the frontage
is sufficient, more than one street may intersect the arterial or
collector street, provided the streets shall not intersect with the
same side of the existing street at intervals of less than eight hundred
(800') feet. The block corners at intersections shall be rounded at
the curbline, with the street having the highest radius requirements
as outlined below determining the minimum standards for all curblines:
|
Arterials
|
40 foot radius;
|
|
Collectors
|
35 foot radius; and
|
|
Local Streets
|
25 foot radius.
|
g.
A tangent of at least one hundred (100') feet long shall be introduced
between reverse curves on arterial or collector streets. When connecting
street lines deflect from each other at any one point, they shall
be connected by a curve with a radius conforming to standard engineering
practice as contained in the "Transportation & Traffic Engineering
Handbook," ITE, latest edition.
h.
Cul-de-sacs shall be no more than twelve hundred fifty (1,250') feet
in length but, in any case, shall provide access to no more than 25
dwelling units where such access is to single-family dwellings only,
or to no more than 80 dwelling units, where access is to other than
single-family detached dwellings. A turn-around shall be provided
at the end of the cul-de-sac with a radius of fifty (50') feet. The
center point for the radius shall be the centerline of the associated
street or, if off-set, off-set to a point where the radius becomes
tangent to the right curbline of the associated street (see Plate
3[1]).
[1]
Editor's Note: Plate 3, Variations of Cul-De-Sac Designs, attached to this chapter.
i.
No street shall have a name which will duplicate or so nearly duplicate
the name of an existing street that confusion results. The continuation
of an existing street shall have the same name. Curvilinear streets
shall change their name only at street intersections. The Board reserves
the right to approve or name streets within a proposed development.
j.
The pavement width of streets and the quality of subsurfacing and
base materials shall adhere to the minimum standards set forth by
the County or State Engineers, when said paving concerns roads under
their jurisdiction and where such standards exist. Concerning streets
under the jurisdiction of the Town-ship, the following standards shall
apply:
1.
On all Township local roads, the base course shall be four (4") inches
of Bituminous Stabilized Base, Stone Mix No. 1, place on a compacted,
unyielding subgrade. If and where directed by the Township Engineer
due to unsuitable base conditions, a minimum of three (3") inches
of graded quarry blend (Mix #5) shall be provided.
2.
On all Township collector streets, the base course shall be five
(5") inches of Bituminous Stabilized Base, Stone Mix No. 1, applied
upon a compacted unyielding subgrade consisting of a minimum of three
(3") inches of graded quarry blend (Mix #5) which has been inspected
and approved by the Township Engineer.
3.
The surface courses for all classes of Township streets shall consist
of two (2") inches of Bituminous Concrete, Type F.A.B.C.-1, Mix #5,
applied according to State Highway specifications. In all cases, a
tack coat shall be applied between the surface course and the base
course in accordance with the New Jersey State Highway specifications.
k.
The maximum grade for all streets within the Township shall be 10%.
[Ord. #2000-12, § 1]
Curbing, either Belgian block or concrete, shall be installed
at all street intersections, where storm water velocities exceed the
erosion velocities specified in the "New Jersey Erosion Sedimentation"
standards, and/or bordering streets or other areas where on-street
parking is permitted and/or likely to occur. All curbing shall be
laid in the manner approved by the Township or other appropriate governmental
authority.
Curbs on Township roads shall adhere to the following specifications,
unless otherwise specified by the Township Engineer:
a.
If concrete, the curbing shall meet the following specifications:
1.
The concrete to be used for curbs shall be Class "B" air entranced
concrete (minimum 4,000 p.s.i.) as specified in the New Jersey State
Highway Specifications for Curbs and Gutters.
2.
Curbs shall be constructed using ten (10') foot plates. Expansion
joints shall be provided at maximum intervals of twenty (20') feet
and shall be of a premolded bituminous fiber one-half (1/2") inch
thick.
3.
Openings for driveways shall be a minimum of fourteen (14') feet and shall be in accordance with subsection 13-508.4 of this chapter. The curb at such openings shall be depressed to the extent that one and one-half (1 1/2") inches extend above the finished pavement. The rear top corner of this curb shall have a radius of one-fourth (1/4") inch and the top corner shall have a radius of one and one-half (1 1/2") inches.
4.
Concrete curbs for the Township local roads shall be eight (8") inches
wide at their base and not less than six (6") inches wide at their
top. Their height shall not be less than eighteen (18") inches and
be constructed to show a vertical face above the roadway pavement
of six (6") inches. The rear top corner of this curb shall have a
radius of one-fourth (1/4") inch and the front top corner shall have
a radius of one and one-half (1 1/2") inches. Curbs at driveway
openings shall be constructed to the full depth of eighteen (18")
inches, which depth shall extend a minimum of six (6") inches on either
side of the depression.
5.
Concrete curbs for Township collector roads shall be eight (8") inches
wide at their top. Their height shall be no less than twenty (20")
inches and shall be constructed to show a vertical face above the
roadway pavement of six (6") inches. The rear top corner of this curb
shall have a radius of one-fourth (1/4") inch and the front top corner
shall have a radius of one and one-half (1 1/2") inches.
b.
If granite block, the construction detail shall be in accordance
with the "Standard Construction Details and Specifications of Bedminster
Township, Somerset County, New Jersey", a copy of which is attached
hereto and made a part hereof. Stones used for local roads shall not
be less than ten (10") inches in height and shall be constructed to
show a vertical face above the roadway pavement of six (6") inches.
Stones used for collector roads shall not be less than twelve (12")
inches in height and shall be constructed to show a vertical face
above the roadway pavement of six (6") inches.
c.
Depressed curb ramps for the handicapped shall be installed at all
radii in accordance with the laws of the State of New Jersey.
a.
Sidewalks and aprons shall be required, at the Board's discretion,
depending upon the probable volume of pedestrian traffic, the development's
location and relation to populated areas, and the general type of
development intended.
b.
Where required, sidewalks shall be at least four (4') feet wide and
four (4") inches thick on a gravel bed at least four (4") inches thick
and located as approved by the Board. Sidewalk aprons and sidewalks
at aprons shall be concrete at least six (6") inches thick or another
paving surface as may be approved by the reviewing authority.
a.
All improvements shall be installed and located in accordance with
the "Standard Construction Details and Specifications of Bedminster
Township, Somerset County, New Jersey", a copy of which is attached
hereto and made a part hereof.
b.
Plans and specifications for road and drainage construction shall
be approved by Bedminster Town-ship prior to the commencement of any
construction work.
c.
All construction work shall be subject to the super-vision and inspection
of the Township Engineer.
a.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than 50% of the yard area in which it is located and shall meet the setback distances for accessory buildings as specified in Article 13-400 or Article 13-600 of this chapter, as the case may be, except that in no case may a swimming pool be located closer than fifteen (15') feet to any lot line.
b.
No commercial swimming pool shall be constructed or installed unless
approved by the Board as part of a site plan approval. Commercial
swimming pools shall be classified into types in accordance with their
particular use and shall meet the appropriate design standards as
set forth by the National Swimming Pool Institute.
c.
A private residential or commercial swimming pool area must be enclosed
by a suitable fence with a self-latching gate at least four (4') feet
but no more than six (6') feet, in height. The fence must be located
at least three (3') feet from any property line.
a.
Where public water is accessible, water mains shall be constructed
in such a manner as to make adequate water service available to each
lot or building within the development. The entire system shall be
designed in accordance with the requirements and standards of the
local and/or State agency having approval authority and shall be subject
to their approval. The system shall also be designed with adequate
capacity and sustained pressure and in a looped system with no dead-end
lines, whenever possible.
b.
Where no public water is accessible, water shall be furnished on
an individual lot basis. If a well is installed on a lot and the lot
also contains its own sewage disposal facilities, the well shall be
of the drilled type with a minimum fifty (50') feet of casing. Well
installation, sealing and testing shall be in accordance with the
New Jersey Standards for Construction of Water Supply Systems in Realty
Improvements (Chapter 199 of the Public Laws of 1954), as amended.
The well will be required to have a production of not less than six
gallons per minute as established by Bailor tests, and certified by
the well driller. Before being placed in consumer use, it shall be
disinfected by the use of sodium hypochlorite or other acceptable
solutions and a sample collected by a local or State Health Department
representative for bacteriological examination. A copy of the result
of the above referred to Bailor tests and bacteriological examination
and a certificate from the local or State Health officer that the
owner has complied with the applicable local or State health regulations
shall be submitted to the Township before the issuance of construction
permits in connection with each individual lot.
[Ord. #2000-12, § 1]
All approvals for development, whether site plan or sub-division,
shall require the following construction mitigation measures:
a.
The soil erosion and sedimentation control plan approved by the Board
shall remain in full force and effect during the course of construction.
Failure to comply with the soil erosion and sedimentation control
plan shall result in a work stoppage until the conditions are corrected
and the soil erosion and sedimentation control plan is reestablished.
b.
The following measures shall remain in full force and effect during
construction on-site:
1.
Elimination of anti-vandalism horns on equipment shall be required.
2.
Work hours shall be limited to 7 a.m. to 5 p.m. Monday through Friday
and 8 a.m. to 5 p.m. on Saturday. No work shall take place on Sundays
or holidays, except on emergency basis. The holidays which shall be
observed for purposes of this section shall be New Year's Day, President's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
The applicant shall maintain personnel on-site to whom incidents of
noise disturbance shall be reported and said personnel shall be authorized
to take measures to minimize said disturbance immediately.
3.
Anti-litter regulations shall be imposed on-site, said regulations
to be reviewed and approved by the Township Planner.
4.
The applicant shall establish regulations for the safe and proper
transfer and transport of fuel on-site.
5.
Track mats shall be located by the Somerset Union Soil Conservation
District representative and the Township Engineer in such places as
to minimize the tracking of dirt and mud off-site.
6.
Clean-up and wash down of trucks and equipment shall be required
before said vehicles are authorized to leave the construction site.
7.
Adequate provisions for safe control of employee parking, including
employees of contractors and subcontractors, shall be required on-site
during construction.
8.
All construction traffic shall enter and exit the site in accordance
with a plan to minimize the disruption of existing development within
the area.
9.
Violation of any of these construction mitigation measures may result
in a stop work order, which order shall remain in full force and effect
until the violation is remedied to the satisfaction of the Township
Engineer.
c.
Prior to construction, including site work activity, a preconstruction meeting shall be required pursuant to the provisions of Article 13-1000 of the Land Development chapter. Said preconstruction meeting shall include Township representatives, the applicant, its engineers and contractors. The preconstruction meeting shall not be held until a copy of the Engineer's opinion of probable cost has been submitted to the Township to complete inspection fees and for determination of performance bond requirements. Said bonds and fees shall be submitted to and approved by the Township Attorney.
d.
The applicant shall be required, where appropriate, to install water
saving devices and day/night thermostats in all structures. The applicant
shall be required to employ, where practicable, solar energy devices.
e.
All nondisturbed areas on-site shall be demarcated by snow fencing
during construction, and the snow fencing shall be installed on-site
prior to any construction activity, including site work. An intrusion
into a nondisturbed area will result in a stop work order for that
area affected by the violation, as determined by the Township Engineer.
Said stop work order shall remain in full force and effect until the
violation is corrected and any damage created by the violation is
restored to its original state or as near thereto as is possible,
said determination to be made by the Township Engineer.
f.
All landscaping approved by the Planning Board shall be subject to
a two year landscaper's guarantee which shall insure the replacement
of any diseased or dead landscaping material within two years of the
date of planting.
g.
The applicant shall install soil erosion and sedimentation control
measures as required by the approval prior to any disturbance on-site.
Failure to so install said measures shall result in a stop work order
that may be lifted only by the Planning Board. Continued maintenance
of the soil erosion and sedimentation control measures shall be required
during construction, and failure to maintain said measures shall result
in a stop work order until the condition is corrected and the damage
resulting therefrom has been repaired, as determined by the Township
Engineer.
h.
Should blasting be required on-site, the applicant shall comply with
N.J.S.A. 21:1A-128, et seq. and all regulations promulgated thereunder.
In addition, the applicant shall notify the Fire Official of its intent
to perform blasting activities. The notice shall provide the location
of the intended blasting and the time it is expected to take place.
i.
Cut sheets shall be provided to the Township Engineer's office directly
and to all on-site inspectors during construction. As-built drawings
shall be forwarded to the Township Engineer's office prior to the
issuance of certificates of occupancy for any structures.
j.
All conditions of approval shall, to the extent possible, be incorporated
into four sets of revised plans that shall be submitted to the Township
Engineer's office prior to any construction or disturbance on-site.
The applicant's engineer shall be required to certify that all conditions
of approval have been provided on the plans.
a.
All residential subdivisions of 25 units of single-family residential housing or multi-family residential housing and any new commercial (including retail and office uses) or industrial development proposal for the utilization of 1,000 square feet or more of land, or in such cases where site plan review is required pursuant to subsection 13-802.2, for existing structures or additions to existing structures situated on lots exceeding 1,000 square feet of land, shall be required to comply with the following recycling requirements:
1.
The applicant shall be required to submit to the Planning Board a
recycling plan that shall be in compliance with the Township, County,
and State recycling requirements. Said plan shall require the applicant
to provide for the source separation of recyclable materials as defined
in the Somerset County Recycling Plan and for the private collection
of same. As part of the plan, all leaf collection from the site shall
be transported to approved composting facilities within the County
as designated in the County plan, provided, however, that if a bi-county
facility exists, the transportation of leaves shall be to said facility.
2.
The applicant shall be required to provide written notification to
all purchasers or lessees of the subject property. Said notification
shall include all requirements for source separation together with
the method of collection and the nature of recyclable materials to
be collected. The applicant shall certify to the Township Engineer
that such notification has been given, along with a copy of same.
3.
The applicant shall provide in its plan for the requirement of annual
written documentation provided to the recycling coordinator of the
total tonnage recycled and the location or locations of deposit of
materials.
[Ord. #88-14, § 2; Ord. #94-08, § 1]
Newsracks, subject to such licensing and regulatory provisions
of the Township Ordinances are only permitted in:
a.
The OR Zone, but not within two hundred fifty (250') feet of a zone
boundary;
b.
The VN Zone, but only upon any lot lawfully developed and used solely
for nonresidential uses, and not within one hundred (100') feet of
any lot used solely for residential purposes;
c.
Any area lawfully developed and used for a planned unit development
but not within two hundred fifty (250') feet of any building used
solely for residential purposes.
[Ord. #90-17, A9; Ord. #94-26, § 9; Ord. #98-10,
§ 7; Ord. #99-07, § 4]
No more than one principal building shall be permitted in the
R-1/4, R-1/2, R-1, R-3, R-10, VN-2, and OP Districts. However, more
than one principal building shall be permitted in the OR, OR-V, MF,
and VN districts and within the PUD and PRD option areas.
[Ord. #92-27, § 2]
a.
In order to maintain a desirable visual environment throughout Bedminster
by preserving and promoting the rural and historical characteristics
of the Township, it is the intention of this section that the installation
of satellite dish antennas be in as inconspicuous and unobtrusive
a manner as reasonably possible.
b.
Installation or construction of satellite receiving station dish
antennas shall be subject to the following requirements:
1.
Review and approval by the Township Engineer, Planning Board Chairman
and Zoning Officer and issuance of a satellite dish antenna permit.
An applicant for a satellite dish antenna permit shall also obtain
all permits required by the Uniform Construction Code, if any.
2.
A satellite dish antenna may not be placed on any lot which does
not contain a permitted principal structure.
3.
A satellite dish antenna shall serve only the lot where it is located,
and shall in the first instance be installed only in the rear yard
area of any lot. The proposed location of a satellite dish antenna
shall conform to the rear yard and side yard setback requirements
for a principal permitted structure in the zone in which the property
is located. If an applicant can produce objective evidence from a
licensed New Jersey engineer that the rear yard location will substantially
interfere with his antenna's reception capability, the applicant may
then place the satellite dish antenna in alternative areas. The alternative
locations, in order of priority, are:
(a)
Side yard with a minimum setback that is equal to the respective
minimum zone requirements or 50% of the actual setback line; whichever
is greater.
(b)
Front yard with a setback that is equal to the respective minimum
zone requirements or 50% of the actual building setback line; whichever
is greater.
(c)
On the pitch of the roof facing the rear yard.
4.
A satellite dish antenna shall not exceed twelve (12') feet in diameter
and shall be effectively screened, except for roof-mounted antennas,
with nondeciduous plantings, and, to the greatest extent possible,
shall blend with the immediately surrounding area.
5.
No principal permitted structure shall have more than one satellite
dish antenna. Wires and cables running between a ground-mounted antenna
and any structure shall be properly installed underground in accordance
with the Uniform Construction Code. Roof-mounted antennas shall also
conform to the Uniform Construction Code to the extent that such Code
is applicable.
6.
Portable mounted satellite dish antennas are prohibited in all zones,
except for temporary periods of up to a total of six months on any
lot. A satellite dish antenna permit shall be obtained for a temporary
installation.
7.
Satellite dish antennas shall be installed or constructed in a manner
so as not to interfere with television, radio or similar reception
in adjacent and nearby areas.
8.
Satellite dish antennas shall not be located closer than twenty (20')
feet to any other building or structure.
c.
The application fee for a satellite dish antenna permit shall be
$125 payable to the Township of Bedminster and posted with the control
person in the Bedminster Township Construction Office.
[Ord. #95-2, § 5]
a.
All areas of the property disturbed during construction not utilized
by building(s) or paved surfaces shall be landscaped as approved by
the Planning Board or the Zoning Board of Adjustment, as the case
may be, in order to help improve the visual impact of the facility
and to prevent erosion and drainage problems.
b.
In order for the approving authority to ensure adequate protection of the public health, safety and welfare, the airport shall be required to adhere to all provisions of the Bedminster Land Development Ordinance including the performance standards of Section 13-509.
c.
Appropriate measures shall be taken by the airport to minimize noise
and vibrations to the areas surrounding the airport. The airport and
all aircraft within the airport shall comply with all Federal and
State noise regulations and requirements applicable to airports of
the size and class applicable to this airport.
d.
All engine run-ups required for maintenance and repair purposes shall
be conducted between the hours of 8:00 a.m. and 8:00 p.m. All post-servicing
engine check, motor tune-up or maintenance areas shall be designed
and/or located in such a manner as to reduce noise and vibration.
e.
Except for navigation aids as may be required by the State of New
Jersey or by the FAA, such as runway end identifier lights, airport
rotating beacon and taxiway and runway lights, etc., night lighting
shall be arranged so as to mitigate glare and nuisance to abutting
property owners.
f.
All landing, apron and other surface areas used by aircraft shall
be turf, bituminous surfacing or otherwise surfaced so as to ensure
safe operation and minimize dust to surrounding properties.
g.
Approvals for water, sewage and waste disposal shall be required
at the time of site plan approval or as a condition of such approval.
h.
No construction of additional structures within the airport shall
be permitted without site plan approval.
i.
No site plan application for airport development, expansion or construction
shall be deemed complete for review unless it is accompanied by the
current and complete Airport Master Plan, as approved by the appropriate
Federal, State or other agency having jurisdiction over the airport,
to the extent required.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 97-26, 98-03, 98-10 and 05-09.
[Ord. #2010-005, § 1]
The purpose of this section is to regulate the location and
placement of wireless telecommunications towers, antennas, and other
equipment and facilities within the Township of Bedminster. It is
also the purpose of this section, consistent with State and Federal
law, to establish guidelines for the siting of wireless telecommunications
towers, antennas, and other equipment and facilities in order to:
a.
Preserve the scenic and historic character of the countryside which
the Bedminster Township Master Plan and zoning ordinance seek to protect,
including historic sites, villages and hamlets and designated scenic
corridors; and
b.
Provide that such facilities are properly located, carefully designed
and screened using landscaping, fencing and industry available camouflaging
techniques to blend with the existing natural or built surroundings
so as to minimize adverse visual impacts; and
c.
Protect and minimize the impact upon residential areas from any possible
adverse impacts of towers and antennas, including through the use
of stealth technology, and by encouraging the location of such equipment
to nonresidential areas; and
d.
Minimize the total number of towers throughout the Township; and
e.
Strongly encourage the joint use of new and existing towers rather
than the construction of additional single-use towers; and
f.
Encourage the location and siting of towers to limit, to the extent
possible, the height of such towers; and
g.
Encourage users of towers and antennas to locate them in areas where
any possible adverse impact on the community is minimal; and
h.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly and effectively;
and
i.
Avoid potential damage to adjacent properties from tower failure
through engineering, careful location and setback standards for tower
structures; and
j.
This section seeks to meet the mandate of the Telecommunications
Act of 1996, while at the same time limiting the proliferation of
wireless telecommunication towers.
[Ord. #2010-005, § 1]
For the purposes of this section, the following terms shall
have the meanings set forth below:
Shall mean any interior or exterior transmitting or receiving
device mounted on a tower, building or structure, and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies, wireless telecommunications signals or
other communication signals.
Shall mean the lines that connect a provider's towers and
cell sites to one or more cellular telephone switching offices and/or
long-distance providers or the public switched telephone network.
Shall mean the need for additional capacity or service for
State law purposes because of inadequate present capacity or service,
dead spots, static and inability to place a call.
Shall mean small areas within a service area where the field
of strength is lower than the minimum level for reliable service or
inadequate capacity exists as determined by expert testimony in accordance
with industry standards.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean, when referring to a tower or other structure,
the distance measured from the lowest finished grade of the base of
the tower to the highest point on the tower or other structure, including
the base pad and any antenna.
Shall mean a freestanding steel framework tower.
Shall mean any tower or antenna which has a construction
permit or land use approval prior to the effective date of this section,
including permitted towers or antennas that have not yet been constructed,
so long as such construction permit or land use approval is current
and not expired, and including any tower or antenna on property owned,
leased or otherwise controlled by the Township of Bedminster.
Shall mean any apparatus with a flat or parabolic surface
which is designed for the purpose of receiving television, radio,
microwave, satellite or similar electronic signals.
Shall mean those scenic water courses and scenic roadways
identified in "Figure 14 Scenic Corridors" of the Bedminster Township
2003 Master Plan, as amended in 2005, and thereafter amended from
time to time.
Shall mean man-made trees, clock towers, bell steeples, silos,
light poles and similar alternative-design mounting structures that
camouflage or conceal the presence of antennas or towers so as to
blend in with the surrounding property characteristics, by using site
appropriate color for the site.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for telephone,
radio and similar wireless telecommunication purposes, including self-supporting
lattice towers or monopole towers. The term shall also include radio
and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure of the tower along with
any support thereto.
Shall mean any personal wireless services as defined in the
Telecommunications Act of 1996 (the "TCA"), which includes FCC licensed
commercial wireless telecommunications services including cellular,
personal communication services, specialized mobile radio, enhanced
specialized mobile radio, paging and similar services that exist or
that may be developed in the future.
[Ord. #2010-005, § 1]
a.
New Towers and Antennas. All towers or antennas in the Township of
Bedminster shall be subject to these regulations, except as otherwise
provided or grandfathered herein.
b.
Amateur Radio; Receive-Only Antennas. This section shall not govern
any tower, or the installation of any antenna, that is under seventy
(70') feet in height and is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive-only
antennas.
c.
Preexisting Towers or Antennas. Preexisting towers or antennas shall
not be required to meet the requirements of this section, other than
the requirements regarding building codes and safety standards. This
exception shall not apply to any expansion or intensification of a
preexisting tower or antenna.
d.
Government Agencies. Communication towers or antenna owned, operated
or used by the Municipal government shall be exempt from the requirements
of this Section.
e.
Satellite Dish Antenna. This section shall not govern any parabolic
satellite antennas.
[Ord. #2010-005, § 1]
a.
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding anything in this Chapter 13 to the contrary, a separate existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
b.
Lighting. For aesthetic and health reasons, towers shall not be artificially
lighted.
c.
Building Codes; Safety Standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable State or local
building codes and the applicable standards for towers that are published
by the Telecommunications Industries Association and the Electronic
Industries Association, as amended from time to time. If, upon inspection,
the Township of Bedminster concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons
or property, then, upon notice being provided to the owner of the
tower, the owner shall have 60 days to bring such tower into compliance
with such standards. Failure to bring towers and antennas into compliance
with such codes and standards within 60 days shall mean that the Township
may, consistent with due process requirements, avail itself of any
and all legal or equitable remedies, to seek the removal of the tower
or antenna at the owner's expense or revocation of the certificate
of occupancy.
d.
Signs. No signs shall be allowed, with the exception of warning signs
or other signs required by Federal, State or local law.
e.
Multiple Antenna/Tower Plan. The Township of Bedminster encourages the users of towers and antennas to collocate antennas when technically feasible. Applications for approval of collocation sites shall be given priority in the review process, including deference in the granting of appropriate waiver requests pursuant to subsection 13-522.14.
f.
Compliance with Radiation Emission Standards. At the time of its
application for development, the applicant shall demonstrate that
the proposed antenna and related structures and equipment complies
with all applicable State and Federal regulations of electromagnetic
radiation levels.
[Ord. #2010-005, § 1]
a.
Notwithstanding anything in this Chapter 13 to the contrary, the installation or collocation of wireless telecommunications antennas on existing business, industrial, office or institutional structures, subject to site plan approval pursuant to the requirements set forth in under Section 13-803 of this chapter, and consistent with the visual compatibility requirements of subsection 13-522.7 below, shall be a permitted use in all nonresidential and mixed use zone districts, provided that:
1.
The antenna does not exceed ten (10') feet more than the maximum
building height for the zone wherein the structure is to be located;
and
2.
The antenna complies with all applicable FCC regulations; and
3.
The antenna complies with all applicable building codes; and
4.
The antenna is designed through stealth technology to minimize or
eliminate visual obtrusiveness to adjacent residential properties;
and
5.
The structure upon which the antenna is to be located meets all applicable
zoning and bulk requirements and standards, or an appropriate variance
is granted.
|
To minimize adverse visual impacts associated with the proliferation
and clustering of towers, collocation of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, subject to the requirements herein.
|
b.
Notwithstanding anything in this Chapter 13 to the contrary, the installation of wireless telecommunications towers shall not be a permitted use in any residential zone districts of this Township.
c.
Wireless telecommunications antennas or towers located on property
owned, leased or otherwise controlled by the Township of Bedminster
shall be a permitted use in all zone districts, provided that a license
or lease authorizing such antenna or tower has been approved by the
Township Committee of the Township of Bedminster, and, as a condition
of any such license or lease, the Township may require site plan approval
or may exempt the applicant from site approval. The decision to extend
such license or lease to an applicant shall be vested solely with
the Township, and shall not be governed by this section. The Township,
in its absolute discretion, reserves the express right to deny all
use of its property for antennas or towers. Nothing in this section
shall be construed as requiring any applicant to locate on property
owned, leased or otherwise controlled by the Township. Preexisting
towers and antennas are exempt from the application of this subsection.
[Ord. #2010-005, § 1]
a.
Notwithstanding anything in this chapter 13 to the contrary, wireless telecommunications towers not located on existing structures, consistent with the visual compatibility requirements of subsection 13-522.7, and the standards of subsection 13-522.8, shall be a permitted use within all nonresidential and mixed use zone districts of this Township.
[Ord. #2010-005, § 1]
a.
All wireless telecommunications antennas and wireless telecommunications
towers shall be located, designed and screened to blend with the existing
natural or building surroundings so as to minimize visual impacts
through the use of stealth technology, including color and camouflaging,
architectural treatment, landscaping, and other available means, considering
the need to be compatible with neighboring residences and the character
of the community. Stealth tower structures shall be given preference.
b.
Towers shall either maintain a galvanized steel finish or be painted
a neutral color, so as to reduce visual obtrusiveness.
c.
At the wireless telecommunications equipment building, the design
of the buildings and related structures shall, to the extent possible,
use materials, colors, tenures, screening and landscaping that will
blend the tower facilities to the natural setting and surrounding
buildings.
d.
Towers must be designed to preserve scenic vistas and views of cultural
and history landmarks and of unique geographic and topographic features.
Natural features such as trees, hilltops and views, natural terrain,
open waters and natural drainage ridge lines shall be preserved whenever
possible in locating and designing a tower. Towers shall further be
designed and located to minimize impact on open space and Green Acres
properties.
e.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible. Antennas which
are flush mounted and painted to match existing structures, and antennas
that are ballast mounted and also painted to match the roof area,
shall be considered stealth technology uses. The related unmanned
equipment structure shall be in a building consistent in style with
adjacent buildings, and shall be located in accordance with the minimum
accessory structure bulk requirements of the zoning district in which
located. Cable to the tower should be installed underground. Trailers
are not permitted. The equipment cabinet or structure used in association
with antennas mounted on structures or rooftops shall comply with
the following:
1.
The building or structure shall be located, designed and screened
to blend with the existing natural or building surroundings so as
to minimize visual impacts through the use of stealth technology.
2.
The building or structure shall not contain more than 1,600 square
feet of gross floor area or be more than fifteen (15') feet in height.
3.
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
4.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
f.
The wireless telecommunications equipment building shall not exceed
ten (10') feet for flat roofs or fifteen (15') feet for pitched roofs,
which shall have a minimum vertical rise of six (6") inches for every
twelve (12") inches of horizontal run, and the building must blend
architecturally with any existing building on the property. Pitched
roofs shall be permitted only where the applicant is proposing a structure
designed to blend with the local architectural context (such as rural
or agriculture style).
g.
One wireless telecommunications equipment building consisting of
no more than one thousand, six hundred (1,600) square feet may be
erected in support of such antenna arrays provided it is:
1.
Situated behind existing structures, buildings or terrain features
which will shield the wireless telecommunications equipment compound
from views from off-tract properties; or
2.
When a location out of the view from off-tract properties is not
possible, appropriate foundation planting shall be provided outside
the wireless telecommunications equipment building.
3.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived by the approving
authority if the goals of this section would be better served thereby.
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible. In some cases, such as
towers sited on large, wooded lots, natural growth around the property
perimeter may be sufficient buffer.
4.
An individual wireless carrier shall not occupy more than 400 square
feet of the equipment building.
[Ord. #2010-005, § 1]
a.
In addition to the general standards and requirements pursuant to
this chapter, for the construction of wireless telecommunications
antennas or towers when a use variance is sought, the approving authority
shall consider all of the following factors
1.
Height of the proposed antenna or tower.
2.
Proximity of the antenna or tower to residential structures and residential
district boundaries.
3.
Nature of uses on adjacent and nearby properties.
4.
Surrounding topography.
5.
Surrounding tree coverage and foliage.
6.
Design of the antenna or tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness.
7.
Proposed ingress and egress on the property.
8.
Availability of suitable existing towers, other structures or alternative
technologies, within the applicant's control and use, not requiring
the use of towers or structures.
9.
Availability of proposed tower to other potential users.
10.
Whether the proposed site is particularly suited for the proposed
antenna or tower.
11.
Number of residential properties impacted by the proposed antenna
or tower.
12.
Impact on the surrounding residential real estate values.
b.
An applicant desiring to construct a wireless telecommunication antenna
or tower that requires a use variance shall provide a sufficient showing
to the satisfaction of the approving authority that it meets the following
specific conditions:
1.
Need. Present documentary evidence regarding the need for wireless
telecommunications antennas at the proposed location. This information
shall identify the wireless network layout and coverage areas to demonstrate
the need for new equipment at a specific location within the Township.
2.
Co-location. Provide documentary evidence that a good faith and thorough
attempt has been made to co-locate the new antennas on existing buildings,
structures, or towers that have existing wireless telecommunication
antenna (sharing the location with an existing antenna(s)) within
the applicant's coverage area. Efforts to secure authority to co-locate
on such locations shall be documented through correspondence by or
between the wireless telecommunications provider and the property
owner of the existing building, structure, or tower. This requirement
includes co-location on buildings, structures and towers currently
being developed.
3.
Comply with the Township standard that no wireless telecommunications
towers shall be permitted which would require lighting affixed thereto
under FCC, FAA or any other governmental agency regulations or requirements.
c.
Proofs under State Law for Use Variances. Before any new wireless
telecommunications antenna or tower that is not a permitted use is
approved within the Township of Bedminster, the applicant must provide
expert proof, to the satisfaction of the approving authority, of at
least the following:
1.
That the proposed antenna or tower will fill a coverage gap in the
least intrusive manner;
2.
That the applicant has made good faith and thorough efforts to investigate
reasonable designs within the applicant's control and use, and alternate
sites which may be less intrusive in the community;
3.
That the proposed site and facility is particularly suited and is
needed for telecommunications services; and
4.
That the existence of any coverage gap has been demonstrated by drive
test data or propagation maps or both.
5.
A crane test may be required by the Approving Authority to provide
the public and the Approving Authority with the opportunity to view
and judge the impact of the proposed tower.
d.
Availability of Suitable Existing Towers, Other Structures or Alternative
Technology. No new tower shall be approved unless the applicant demonstrates,
through credible expert testimony, to the reasonable satisfaction
of the approving authority, that no existing tower structure can accommodate
the applicant's proposed antenna. To the extent possible, an applicant
shall submit information requested by the approving authority related
to the availability of suitable existing towers, stealth tower structures,
or other available structures. These requirements shall include towers
or structures currently being developed and those subject to pending
applications before the Township approving authorities. Evidence submitted
to demonstrate that no existing tower structure, within the applicant's
control and use, can accommodate the applicant's proposed antenna
must consist of the following:
1.
Documentation regarding the block and lot of any parcel for which
the wireless provider has attempted to secure a lease or purchase
agreement, including copies of such agreements and all correspondence
by or between the wireless provider and the property owner.
2.
That no existing towers or structures are located within the RF propagation
area which meet the applicant's engineering requirements.
3.
That existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
4.
That existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
5.
That the applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
6.
That the applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
7.
That the applicant demonstrates efforts to site new wireless antennas,
equipment or towers within the applicant's search area according to
the priority schedule below. Regardless of the type and number of
variances which may be required for a particular application, stealth
towers, co-location with other antennas and siting upon pre-existing
structures is given priority. When considering sites according to
this schedule, the applicant must demonstrate that it has conducted
a good faith effort to seek alternative sites that are available in
the preceding priority categories in order to qualify for location
in a subsequent priority category. The applicant must demonstrate
that less intrusive alternative sites are not available as well with
regard to the requested category.
8.
New antennas in existing structures designed to blend in with the
surrounding property characteristics and to conceal view of the antennas
and associated equipment from adjacent streets or rights-of-way, shall
not require site plan approval. Such antennas and associated equipment
shall only require the applicable Uniform Construction Code permits.
e.
Bulk Requirements. No new antenna or tower, or modification to an
existing antenna or tower, shall be permitted unless the applicant
shall satisfy the specific design standards enumerated below, in addition
to other standards that may be required pursuant to the applicable
zoning district, Construction Code, and other applicable Federal,
State or municipal regulations:
1.
Height.
(a)
The maximum height of towers (exclusive of lightning rod) shall
be:
For a single user: Up to 120 feet
For two users: Up to 130 feet
For three or more users: Up to 150 feet
(b)
An existing tower may be modified or rebuilt to a greater height,
but not to exceed the maximum tower height set forth above.
2.
Setbacks. The following setback requirements shall apply to all towers
for which a variance or conditional use permit is required:
(a)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line and all nonappurtenant
buildings to ensure public safety in the event of a collapse or fall
of the tower, provided that distance is no closer than the building
setback applicable to the zoning district.
(b)
Accessory buildings must satisfy the minimum zoning district
setback requirements.
(c)
No tower shall exist within required buffer or conservation
easement areas.
3.
Separation distance from tower to tower.
(a)
No tower shall be within one thousand five hundred (1,500')
feet of another tower. Tower separation shall be measured from the
base of the tower to the base of the other tower.
4.
Access to Tower Site. The following requirement shall govern access
to towers:
(a)
The access road to the tower must be curved to minimize the
view of the tower building and equipment from the public right-of-way
and no new road cuts are allowed if there is existing road or driveway
access. No portion of the tower road or driveway access should be
allowed in the required front or side yard in any zone district.
5.
In addition to the above conditions, an applicant must satisfy all
other conditions for site plan approval set forth in this chapter.
[Ord. #2010-005, § 1]
a.
Except as set forth in subsection 13-522.8d8, no wireless telecommunications antenna or tower shall be constructed or erected unless site plan approval and any and all applicable variances are obtained from the appropriate Township approving authority. The following provisions shall apply to applications for such approval:
1.
Applications for site plans, along with any required variances under this subsection, shall be subject to the procedures and requirements of Chapter 13, Land Management, of the Township Code, except as modified in this subsection.
2.
In granting site plan approval or a variance, the approving authority
may impose conditions to the extent the approving authority concludes
such conditions are necessary to minimize any adverse effect of the
proposed antenna or tower on adjoining properties.
3.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a licensed
professional engineer of the State of New Jersey, if a licensing requirement
for that professional exists in New Jersey.
4.
An applicant for site plan approval or a variance shall submit the
information described in this subsection and a nonrefundable application
fee and an escrow deposit as established by the Township Committee
of the Township of Bedminster. The application fee and escrows shall
be paid as required herein.
5.
Any tower must be designed and constructed so as to accommodate at
least four antenna arrays of separate wireless telecommunications
providers. The approving authority may require that the tower be designed
and constructed so as to accommodate up to four antenna arrays of
separate wireless telecommunications providers where such accommodation
is technically feasible.
b.
In addition to any and all information required for applications for site plan approval or a variance pursuant to this Chapter, applicants for approval for the construction or installation of wireless telecommunication antennas and towers shall submit all of the items identified on the application checklist found at the end of this Chapter, along with the following information before the application is certified as complete. Applications for site plan approvals involving collocation on existing towers or antennas on existing roofs or structures ("CETAERS") are directed to consider pursuant to Section 13-522.14 any appropriate requests for waivers.
1.
A scaled site plan clearly indicating the location, type and height
of the proposed tower, on-site land uses and zoning, adjacent land
uses and zoning (including when adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking, and other information as required by this or
other Township ordinances, or as required by the Township or Board
Engineer, to enable comprehensive review of the application.
2.
Survey of the property, including a Letter of Interpretation from
the New Jersey Department of Environmental Protection, signed and
sealed by a land surveyor licensed in the State of New Jersey, dated
no earlier than 12 months prior to the date of the application ("LOI").
An LOI is not required for CETAERS.
3.
The separation distance between the proposed tower and the nearest
residential unit and/or residentially zoned property.
4.
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to this subsection shall be shown
on an updated site plan or map certified by a licensed engineer or
licensed land surveyor. The applicant shall also identify the type
of construction of the existing tower(s) and the owner/operator of
the existing tower(s).
5.
A landscape plan showing specific landscape materials and precise
locations of proposed landscaping improvements, including, but not
limited to, species type, size, spacing, other landscape features,
and existing vegetation to be retained, removed or replaced, certified
by a licensed engineer or certified landscape architect.
6.
An 'Environmental Impact Study, except not required for CETAERS.
7.
A plan evidencing the development's compliance with the visual compatibility requirements of subsection 13-522.7, including, but not limited to, the architecture, aesthetics, color, camouflage, landscaping and fencing.
8.
A written report of the suitability or nonsuitability of the use
of existing towers, other structures, for services to be provided
through the use of the proposed new antenna or tower, except not required
for CETAERS.
9.
A written report of the feasible location(s) of future towers or
antennas, which may be erected by the applicant, within the Township,
based upon existing physical engineering, technological or geographical
limitations in the event that the proposed antenna or tower is erected.
10.
A visual study, including photographic or topographic plans,
identifying a line of sight analysis detailing the view of the proposed
antenna or tower from various directions and angles from adjacent
areas within a seven hundred fifty (750') foot radius of the proposed
antenna or tower. The analysis shall be utilized to determine buffer
requirements.
11.
Documentary and expert evidence regarding the need for the tower,
which information shall identify the existing wireless network layout
and existing coverage areas to demonstrate the need for the facility
at a particular location within the Township. The evidence shall include
a report of the radio frequency engineering analysis of the search
area for the tower.
12.
A report from a qualified expert certifying that the wireless
telecommunications tower and equipment facility comply with the latest
structural and wind loading requirements as set forth in the Building
Officials and Code Administrators (BOCA) International, Inc. Code,
including a description of the number and type of antennas it is designed
to accommodate.
13.
A statement by the applicant demonstrating that construction
of the tower will accommodate co-location of additional antenna for
future users. If so, a letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing market
rates and conditions. The letter of commitment shall be recorded prior
to issuance of a building permit. The letter shall commit the tower
owner and successors in interest.
14.
Elevations of all existing and proposed structures, generally
depicting all existing and proposed antennas, towers, platforms, finish
materials; and all other accessory equipment.
15.
A copy of the lease (with confidential or proprietary information
redacted) or deed for the property.
16.
Inventory of Existing Sites. Each applicant shall provide to
the approving authority an inventory of its existing towers and antennas,
or sites approved for towers or antennas, that are either within the
jurisdiction of the Township of Bedminster or within three miles of
the proposed tower site, whichever is more extensive, including specific
information about the location, height and design of each tower. The
approving authority may share such information with other applicants
applying for administrative approvals or permits under this section
or other organizations seeking to locate antennas within the jurisdiction
of the Township of Bedminster; provided, however, that the approving
authority is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
17.
Identification of the entities providing the backhaul network
for the antenna and/or tower described in the application and other
cellular sites owned or operated by the applicant in the municipality.
18.
Documentation of the results of any crane test undertaken for
the proposed tower, including a line-of-sight survey and photographic
resulting of the crane test with regard to the potential visual and
aesthetic impacts of the proposed tower. Such documentation must establish
the zone of visibility of the proposed tower.
19.
Photosimulations of the proposed tower, which shall include
at least one photosimulation from at least four angles of view of
the tower (from the north, east, south and west), taken from ground
level at the property line of the proposed site of the tower. Photosimulations
presented to the approving authority shall be in color and a minimum
of eight inches by eleven inches (8" x 11") in size.
[Ord. #2010-005, § 1]
Whenever wireless telecommunication antennas or towers are modified,
operators of wireless telecommunications facilities shall provide
to Bedminster Township a report from a qualified expert certifying
that the wireless telecommunications tower or building or other support
structure as modified complies with the latest structural and wind
loading requirements as set forth in the Uniform Construction Code.
[Ord. #2010-005, § 1]
a.
Operators of wireless telecommunications facilities shall, as set forth in subsection 13-522.11b, notify the Township when the use of such antenna and equipment is discontinued.
b.
Any antenna or tower that is not operated for a continuous period
of 18 months shall be considered abandoned, and the owner of such
antenna or tower shall remove same within 90 days of such discontinued
use or abandonment.
c.
If there are two or more users of a single tower, then this subsection
shall not become effective until all users cease utilizing the tower.
d.
The Township shall condition the issuance of any permit to construct
a tower or antenna on the recording by the applicant of a deed to
itself with the memorializing resolution of approval annexed as a
schedule thereto.
e.
Upon removal of the wireless telecommunications facilities, the site
shall be cleared, restored, and revegetated to blend with the existing
surrounding vegetation at the time of abandonment.
[Ord. #2010-005, § 1]
Nonconforming antennas or towers that are damaged or destroyed
may not be rebuilt without having to first obtain approval from the
approving authority and without having to meet the separation requirements
specified in this section. The type, height and location of the tower
on site shall be of the same type and intensity as the original facility
approval. Building permits to rebuild the facility shall comply with
the then applicable building codes and shall be obtained within 180
days from the date the facility is damaged or destroyed. If no permit
is obtained or if said permit expires, the tower or antenna shall
be deemed abandoned.
[Ord. #2010-005, § 1]
Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in Section 13-901 of this chapter. The applicant will deposit in an escrow account with the Township the fees that the approving authority requires to review and advise on the application, including, but not limited to, expert witnesses such as engineers, planners, appraisers, and radio frequency professionals. The approving authority shall contract and hire an attorney, engineer, planner, appraiser and radio frequency professional with expertise in the field of wireless telecommunications to review and advise on each application subject to this section.
[Ord. #2010-005, § 1]
Pursuant to N.J.S.A. 40:55D-10.3, an applicant may request that
one or more submission requirements be waived, in which event, the
Board shall grant or deny the request within 45 days. Waiver requests
for collocation and antennas on existing roofs and structures will
be subject to liberal consideration.
[Ord. #97-33, § 2; Ord. #97-44, § 1]
a.
The New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1
et seq. shall apply to all residential projects within Bedminster
Township.
b.
All residential projects shall be constructed with granite block
curbing.
c.
Corrugated metal pipe is not an approved material for drainage improvements
in a residential project.
[Ord. #98-33, § 6; 2000-04, § 1; Ord.
#2001-04, § 1; Ord. #2001-12, § 1; Ord. #2008-07,
§§ 4—9]
a.
All golf course/clubs shall be designed and constructed to conform
to the following standards:
1.
The standards contained within Section 13-524 shall apply to any construction of a new golf course/club or any physical alteration to any existing golf course/club.
2.
The tract and/or tracts on which the golf course/club is constructed
shall comprise at least 250 acres for the first 18 holes, and an additional
100 acres for each additional nine holes.
3.
Where existing buildings are available for adaptive reuse as suites
and/or rooms of overnight lodging for the exclusive use of golf course/club
members and their guests. Such rooms/suites shall be permitted at
a rate not to exceed one room/suite per golf hole, and in no case
more than 18 rooms/suites per golf course tract, regardless of the
number of holes, and such rooms/suites shall be located exclusively
in the clubhouse or a building or buildings existing prior to golf
use of the tract.
4.
The length of the golf course shall be not less than 6,750 yards
for the first 18 holes, and an additional 3,500 yards for each additional
nine holes.
5.
Where a golf course/club is to be developed as part of a community of single-family homes, the tract shall include at least 10 acres per single-family dwelling in addition to the acreage required in subsection 13-601.9a1 above. Single-family dwellings may be constructed in such a community according to the lot size averaging provisions of subsection 13-401A.7.
6.
Where a golf course/club is traversed by existing equestrian trails,
existing equestrian trails shall be identified and mapped on the tract
and within one hundred (100') feet thereof, and such easements shall
be provided as required to connect any relocated portions of the existing
equestrian trail networks in a safe and appropriate manner. New or
preserved equestrian trails shall be maintained or established on
any tract proposed for the construction of a new golf course. Such
trails shall promote connectivity among adjacent lots and be included
within equestrian trail easements and shall be located to avoid conflicts
with golf or vehicular activity.
7.
An on-site sanitary sewage treatment facility is permitted provided
that it is consistent with the Somerset County/Upper Raritan Watershed
Wastewater Management Plan as endorsed by Bedminster Township. Any
golf course which utilizes an on-site sanitary sewage treatment facility
shall serve only the golf course use and related accessory uses with
the sanitary sewer system.
8.
All aspects or portions of a golf course shall be arranged so that
they are located solely on the golf course property and are not located
on any single-family residential lots. Golf courses shall not be located
within easements on single-family residential lots.
9.
Membership shall not exceed 350 members for the first 18-hole course with a length of at least 72 par, and additional members shall be permitted in proportion to the ratio to par 72 of the par length for any additional holes, and admission to the golf course/club shall be limited to members and guests, except for activities authorized under a special use permit issued pursuant to Section 13-1006, unless otherwise authorized under a permit for special equestrian and golf events pursuant to Section 3-12. For purposes of this subsection, the term "par" shall be as established and/or approved by the U.S. Golf Association.
10.
No soil disturbance or construction of golf course features (greens,
tees, fairways, cart paths or buildings) shall be permitted within
any trout production watershed or trout maintenance watershed as identified
on the map entitled "Environmental and Historic Infrastructure for
Greenways in Bedminster" in Subpart 5C of the Bedminster Master Plan.
11.
The golf course/club shall be designed to preserve or improve one
acre of land in a natural state for every acre of the footprint of
development of the golf course, including all land devoted to tees,
greens, fairways, primary rough, driveways, parking areas, cart paths,
buildings and other structures on the golf course. The preserved acreage
shall be located with a priority for preservation of existing mixed
deciduous wooded areas, maintenance or expansion of grassland habitat
and restoration of degraded stream corridors. No more than 25% of
the total acreage of the tract shall be cleared, and any clearing
beyond 15% of the total acreage of the tract shall be mitigated by
replacement with native trees and shrubs elsewhere on the tract. Priority
for such replacement shall be given to locations where stream corridors
are not shaded by vegetation at the time of development. In no event
shall the amount of clearing exceed 35% of the wooded area as shown
on Figure 12 "1995 Forested Areas" in the Bedminster Township Master
Plan or as otherwise depicted on the most recent aerial photographs
available. The Planning Board shall consult with the Environmental
Commission regarding appropriate choices for mitigation plantings.
12.
The golf course/club may include principal and accessory structures
for the enjoyment of members and guests and for the maintenance of
the golf course and related facilities. The clubhouse may include
a bar with club license, eating facilities for members and guests
provided seating is limited to 350 seats, with a maximum of 200 seats
per dining room, meeting rooms and related facilities, provided such
facilities are directly related to the operation of the golf course/club,
and further provided that no catering shall be permitted for events
other than those sponsored and operated by the golf course/club. Conference
centers are specifically prohibited.
13.
The golf course/club shall utilize existing buildings and structures
to the greatest extent practicable.
14.
Where a golf course/club is adjacent to or within an open space corridor,
including flood plains, open waters, stream corridors and associated
buffers, linkages and conservation areas as provided in the Bedminster
Township Master Plan, the golf course/club shall provide and maintain
all required buffer setbacks from such features and shall provide
drainage and conservation easements as required by The Revised General
Ordinances of the Township of Bedminster, 1984. The golf course/club
shall provide and maintain required buffer setbacks from such features
to encourage natural habitat, and to protect surface water quality
by shading streams and filtering pollutants from surface runoff.
15.
Where a golf course/club is situated between public recreation areas
shown on the Master Plan, such walking/trail easements shall be provided
as required to connect any existing or proposed pedestrian or trail
networks in a safe and appropriate manner.
16.
Assurances shall be provided that all necessary utilities and services
are available for the proposed development, including on-site sanitary
disposal facilities, potable water and irrigation water.
17.
Two vehicular accessways shall be provided, which afford direct connections
with the public roadway network. One of these accessways may be limited
to emergency access, provided they are interconnected by way of a
stabilized surface sufficient to allow passage by emergency vehicles.
18.
No portion of any golf tee, fairway or green shall be located closer
than two hundred (200') feet to any tract boundary or public road
right-of-way, except that cart paths may be located no closer than
one hundred (100') feet to such boundaries or roads.
19.
The golf course shall be designed to minimize the opportunity for
golf balls to be hit beyond the tract boundaries.
20.
The construction of runoff collection ponds in upland areas is required,
to the greatest extent practicable, for use as stormwater management
devices and as sources of irrigation water. Best Management Practices
(BMP's) shall be employed to maximize recharge of surface runoff,
where appropriate. Ponds shall be designed and constructed to prevent
stagnation, including the use of aeration devices and other techniques
to maintain pond water circulation, and all ponds that create wildlife
habitat shall be considered among the "natural areas" required to
be set aside pursuant to paragraph a11 above. All runoff from rain
and irrigation shall be directed to flow through passive water filtration
best management practices (BMP's) prior to entering any watercourse.
21.
All clearing, grading and site improvements related to the golf course/club shall conform to the requirements of Section 13-605 "Critical Areas," except that areas of play (tees, greens, bunkers) created as part of the golf course which result in new areas of steep slope shall not be deemed to violate these requirements.
22.
Soil erosion and sedimentation shall be minimized through golf course
design which minimizes the need for mass grading for greens, tees
and fairways, coordinated soil erosion and sediment control measures,
and construction phasing which limits the extent of clearing and soil
exposure prior to revegetation. The following shall be required:
(a)
An individual grading plan, sufficient to determine stormwater
management requirements, shall be submitted for each hole;
(b)
A stream stabilization plan that provides that exposed areas
in stream corridors will be seeded and adequate ground cover shall
be in place to protect against erosion prior to any upgradient disturbance;
(c)
The construction of golf holes shall be phased within drainage
subbasins to assure that sedimentation and erosion are minimized;
(d)
A municipal monitoring committee may be established to conduct
periodic on-site inspections and meetings, when deemed necessary by
the Planning Board.
23.
A vegetated buffer at least one hundred (100') feet wide, consisting
of native trees, shrubs, and ground covers, shall be provided and/or
maintained between any turf area which will be treated with fertilizers
or pesticides and the top of bank of any blue line stream as shown
on the U.S.G.S. Survey or any lake, pond, or other open water body
with a water surface area of 10,000 square feet, on or off site.
24.
An Integrated Turf Management Plan and an Integrated Pesticide and
Pest Management Plan shall be provided, which is specific to the operation
and maintenance of the proposed golf course/club. These plans shall
be prepared in accordance with guidelines established by the New Jersey
Department of Environmental Protection (NJDEP), and shall take into
account guidelines promulgated by the United States Golf Association
(USGA) and the Golf Course Superintendents' Association of America
(GCSAA). These plans shall also utilize Best Management Practices
(BMPs) to prevent and/or minimize adverse impacts of the golf course
on groundwater and surface water resources.
25.
Assurances shall be provided that any adverse impacts on surface
water and groundwater, which result from operation of the golf course/club,
will be mitigated by the owner(s). Monitoring of surface water and
groundwater quality and quantity shall be provided by the owner(s)
according to a plan prepared specifically for the proposed golf course/club,
and approved by the reviewing Board, in consultation with the Environmental
Commission and the Board of Health. Water table monitoring shall also
be provided, using continuous water table monitoring equipment (data
log). Such monitoring program shall detail the type, timing and frequency
of testing, as well as identify the specific chemical parameters to
be tested, and shall be established at the time the Integrated Turf
Management Plan and the Integrated Pesticide and Pest Management Plans
are approved by the reviewing Board. The monitoring program shall
be consistent with the guidelines established for monitoring plans
established by the New Jersey Department of Environmental Protection
(NJDEP), Bureau of Water Quality Analysis. The results of such water
quality monitoring shall be submitted by the owner(s) to the Bedminster
Township Board of Health and Planning Board within 30 days of receipt
of such results by the owner(s). The golf course owner/operator shall
pay for all costs incurred by the Township to hire outside consultants
to assist the Township, the Board of Health or their designee with
ongoing review and approval of any such monitoring plans. Such ongoing
monitoring shall include, but is not limited to, the approved surface
water and groundwater monitoring plan, the Integrated Turf Management
Plan and the Integrated Pesticide and Pest Management Plan approved
for the golf course.
26.
A water use budget and water recycling plan shall be prepared, which
is specific to the proposed golf course/club. This plan shall detail
the source of potable and irrigation water, the projected amounts
which will be required and the water supply capacity of any aquifer
from which such water will be withdrawn, as outlined in the Land Oriented
Reference Data System (LORDS), Bulletin 74, NJ Geological Survey,
Bureau of Geology and Topography, Division of Water Resources, NJ
Department of Environmental Protection (August 1974). Any aquifer
test plan submitted to NJDEP shall also be submitted simultaneously
to the Bedminster Township Board of Health and Planning Board.
27.
Following the installation of any well intended to serve as a water
supply source for the golf course/ club, and prior to the issuance
of a certificate of occupancy, a pump test shall be conducted at the
maximum projected pumping rate, to assess the impact(s) on other well
users in the vicinity. The results of this test shall be used to project
the cone-of-depression for production wells, and to determine whether
existing wells will be adversely affected. If adverse effects on existing
wells are projected, alternative water supply sources shall be required
for the golf course/club.
28.
Waterway crossings shall be limited to the minimum number that can
be demonstrated to be essential to the operation of the course. Wherever
a waterway crossing is proposed, such crossing shall be designed to
minimize the removal of trees and other shading vegetation, and all
crossings shall be bridged, not designed with culverts.
29.
Clearing, grading and other disturbances shall be designed to avoid
the nesting, breeding and feeding areas of endangered and threatened
animal species, and to avoid the locations of endangered and threatened
plant species, and to provide protection for locally important species
of plants and animals.
30.
Grasses selected for use on a golf course should be drought and pest
resistant to minimize the use of pesticides and irrigation.
31.
Where a golf course/club will involve the construction of on-site
wastewater treatment facilities, reclaimed wastewater shall be land
applied for irrigation to the greatest extent practicable.
32.
Exterior site lighting should be minimized, and shall be limited
to safety and security needs and shielded, and there shall be no spillover
of lighting beyond the tract boundaries.
33.
Sufficient on-site parking shall be provided to satisfy the reviewing
Board that the demand for parking can be met at the facility, and
all areas designated for parking shall be located at least two hundred
(200') feet from any tract boundary.
34.
Silt fence and/or hay bales shall be installed at the base of all
cut or fill slopes in excess of five (5') feet with a slope greater
than 15%.
35.
Wherever deemed feasible by the Township Engineer, sediment basins
shall be designed into the soil erosion and sediment control plan.
These sediment basins shall be designed in accordance with the New
Jersey Standards for Soil Erosion and Sediment Control.
36.
Intermediate rows of silt fence shall be installed on the site to
ensure that the drainage area to any section of silt fence shall not
exceed two acres.
37.
Any non-point pollution control measures that are required as part
of the development plan shall be installed during the first phase
of the construction.
38.
The applicant shall demonstrate that the type of golf carts to be
used, along with proposed maintenance activities (wash-down runoff,
spill containment, etc.) are representative of best environmental
practices.
39.
Practice facilities including driving ranges shall only be permitted
when part of a golf course with an approved site plan. No such facilities
shall be lighted, and no netting or other protective structures shall
be provided as part of any driving range.
40.
In the interest of preserving the scenic vistas and preserving the
agrarian character of roadside views, an aesthetic impact analysis
shall be prepared, assessing the visual impact of the golf course
on the viewshed and rural character attributes of the site and its
surroundings, as observed from public roadways and waterways. Photographic
simulations and three-dimensional terrain modeling shall be used,
where appropriate, to illustrate the topographic and landscape alterations
that will be visible from public roadways and waterways.
42.
Any approved golf course site plan shall be submitted in Geographic
Information System (GIS) format.
[Ord. #99-15, § 4]
a.
To ensure the compatibility with residential neighbors, any permitted
school, open air club, or house of worship shall be subject to the
following further limitations.
1.
Sites shall designate sufficient parking to meet present needs and
reserve future areas to fully satisfy the requirements for all buildings
and activities as provided in this chapter. Site plan approval shall
be required for all building additions or changes of activity. Parking
arrangements shall provide for adequate mitigation of off-site parking
impacts at peak periods.
2.
Parking areas shall be set back from property lines a distance equal
to the required front setback for dwellings in the district and no
closer to the street than the closest point of the principal building.
3.
In residential districts, architectural style and site appearance
shall be consistent with the character of Master Plan designated scenic
roadways, other nearby structures and the district character.
4.
In areas outside Historic Districts and Historic Overlay Areas, applicants
shall obtain the advisory review of the Historic Preservation Commission.
[Ord. #05-18 § 2]
This section is to be used to compute the total area of a tract
that is suitable for development after subtracting identified resource
conservation areas. It is designed to establish minimum gross lot
areas as well as the maximum permitted density of residential development
or intensity of nonresidential development, and will assist in guiding,
to the greatest extent practicable, all development activities to
suitable area(s) of that tract.
a.
Applicability. The calculations required in paragraphs b and c below
shall be submitted as part of any conceptual plan for informal review,
or any minor or major subdivision or site plan application. These
requirements shall not apply to requests for construction permits
for permitted uses and structures on existing lots-of-record, if no
subdivision or site plan approval is required.
b.
Resource Conservation Factors — Maximum Tract Yield. The Maximum
Tract Yield Calculation Form shall be prepared by the applicant and
submitted to the Board, along with a map of the entire tract illustrating
natural resource features including flood plains, wetlands, NJDEP-required
wetlands transition areas, stream channels, stream corridors, areas
of slopes greater than 15% but less than 25% and areas of slopes 25%
and greater.
|
RESOURCE CONSERVATION AREA MAXIMUM TRACT YIELD CALCULATION FORM
| ||||
|---|---|---|---|---|
|
Column A
Acres
|
Column B
Resource Conservation Ratio
|
Column C
Acres
| ||
|
1.
|
Gross Tract Area
| |||
|
2.
|
Area of existing conservation easements or deed restrictions,
where such easements and/or restrictions were imposed as a condition
of subdivision or site plan approval
| |||
|
3.
|
Adjusted Gross Tract Area (Line 1 less Line 2)
Resource Conservation Areas: (see Notes (a) and (b))
| |||
|
4.
|
Bodies of water, area of flood plains, wetlands, stream corridors
|
1
| ||
|
5.
|
Area of slopes 25% and greater based on 10' contour intervals
|
1
| ||
|
6.
|
Area of slopes greater than 15% but less than 25% based on 10'
contour intervals
|
0.75
| ||
|
7.
|
NJDEP-required wetlands transition areas
|
0.75
| ||
|
8.
|
Area of 300' buffer to category 1 Waters
|
0.5
| ||
|
9.
|
Total Deductible Resource Conservation Area (sum of Column C,
Lines 4 through 8)
| |||
|
10.
|
Net site area adjusted for Resource Conservation Areas (Line
3 Less Line 9)
| |||
|
11.
|
Maximum permitted density or floor area ratio
| |||
|
12.
|
Maximum permitted number of principal dwelling units or non-residential
floor area (Line 10 multiplied by Line 11) (see Note (c))
| |||
|
Notes:
| |
|---|---|
|
(a)
|
Enter appropriate acreage in Column A, multiply column A by
factor in Column B and place result in Column C.
|
|
(b)
|
When resource conservation areas overlap, enter the affected
acreage on the line with the higher resource conservation factor and
do not include it in the calculation of the resource conservation
area having the lower factor. Do not double-count resource conservation
acreage.
|
|
(c)
|
Round down to the nearest dwelling unit or square foot.
|
c.
Resource Conservation Factors — Minimum Gross Lot Area Calculations.
The Minimum Gross Lot Area Calculation Form shall be prepared by the
applicant and submitted for each proposed lot, along with a map of
the proposed lot illustrating natural resource features including
flood plains, wetlands, NJDEP-required wetlands transition areas,
stream channels, stream corridors, areas of slopes greater than 15%
but less than 25% and areas of slopes 25% and greater.
|
RESOURCE CONSERVATION AREA MINIMUM GROSS LOT AREA CALCULATION
FORM
| ||||
|---|---|---|---|---|
|
Column A
Acres
|
Column B
Resource Conservation Ratio
|
Column C
| ||
|
Resource Conservation Areas: (see Notes (a) and (b)):
| ||||
|
1.
|
Bodies of water, area of flood plains, wetlands, stream corridors
|
1
| ||
|
2.
|
Area of existing conservation easements or deed restrictions,
where such easements and/or restrictions were imposed as a condition
of subdivision or site plan approval
|
1
| ||
|
3.
|
Area of slopes 25% and greater based on 10' contour intervals
|
1
| ||
|
4.
|
Area of slopes greater than 15% but less than 25% based on 10'
contour intervals
|
0.75
| ||
|
5.
|
NJDEP-required wetlands transition areas
|
0.75
| ||
|
6.
|
Area of 300' buffer to category 1 Waters
|
0.5
| ||
|
7.
|
Total Deductible Resource Conservation Area (sum of Column C,
Lines 1 through 6)
| |||
|
8.
|
Minimum Lot Area required per Article 13-400
| |||
|
9.
|
Minimum Gross Lot Area adjusted for Resource Conservation Areas
(Line 7 plus Line 8)
| |||
|
Notes:
| |
|---|---|
|
(a)
|
Enter appropriate acreage in Column A, multiply column A by
factor in Column B and place result in Column C.
|
|
(b)
|
When resource conservation areas overlap, enter the affected
acreage on the line with the higher resource conservation factor and
do not include it in the calculation of the resource conservation
area having the lower factor. Do not double-count resource conservation
acreage.
|
[Ord. #2013-013 § 6]
a.
In order to maintain a desirable visual environment throughout Bedminster
by preserving and promoting the rural and historical characteristics
of the Township, it is the intention of this section that the installation
of solar photovoltaic energy systems be installed in as inconspicuous
and unobtrusive a manner as reasonably possible.
b.
Roof-Mounted Solar Photovoltaic Energy Systems. Installation or construction
of roof-mounted solar photovoltaic energy systems shall be subject
to the following requirements:
1.
A roof-mounted solar photovoltaic energy system may not be placed
on any lot which does not contain a permitted principal structure.
A roof-mounted system may be installed upon permitted principal and
accessory buildings.
2.
A roof-mounted solar photovoltaic energy system shall serve only
the lot where it is located. All supporting equipment, such as transformers,
inverters, power line interconnections, etc. shall in the first instance
be installed only in the rear yard area of any lot. The proposed location
for all supporting equipment shall conform to the rear yard and side
yard setback requirements for a principal permitted structure in the
zone in which the property is located (and in no case shall be located
in the front yard). If an applicant can produce objective evidence
from a licensed New Jersey engineer that supporting equipment cannot
be feasibly located in the rear yard location, the applicant may then
place supporting equipment in alternative areas, as follows:
(a)
Side yard with a minimum setback that is equal to the respective
minimum zone requirements or 50% of the actual setback line; whichever
is greater.
3.
Roof-mounted solar photovoltaic energy system panels shall not extend
above the existing height of the roof, (1) more than twelve (12")
inches on structures with pitched roofs with 3% slope or greater,
or (2) more than twenty-four (24") inches on structures with flat
roofs (flat roof shall be defined as a roof pitch less than 3% slope).
4.
All solar photovoltaic equipment shall be effectively screened from
public view, except for roof-mounted solar photovoltaic panels as
permitted herein, with indigenous deer resistant evergreen plantings,
and, to the greatest extent feasible, shall blend with the immediately
surrounding area.
5.
All supporting equipment shall not be located any closer than twenty
(20') feet to any other building or structure.
6.
Electrical wiring extending between roof top-mounted solar panel
arrays, system transformers, inverters, and buildings shall be installed
underground.
(a)
A power disconnect and system shut-down device accessible to
emergency services personnel shall be installed and marked conspicuously
with a sign, which shall identify an emergency contact person and
an emergency contact telephone number. The property owner shall make
the property available to local emergency first responders for annual
training on power disconnect and system shut down procedures that
may be required in the case of an emergency. System diagrams shall
be provided to local emergency first responders upon installation
and updated when alterations to the system are completed.
7.
Installations proposed within a designated historic district or on
a historic site shall be subject to the provisions of Section 13-1806.
c.
Parking Lot Roof Canopy-Mounted Solar Photovoltaic Energy Systems.
Installation or construction of roof canopy-mounted solar photovoltaic
energy systems shall be subject to the following requirements:
2.
An applicant for a parking lot roof canopy-mounted solar photovoltaic
energy system shall obtain all permits required by the Uniform Construction
Code.
3.
Parking lot roof canopy-mounted solar photovoltaic energy systems
shall be constructed above existing parking spaces and shall conform
to setback requirements for parking for the zone in which the system
is to be located.
4.
The parking lot roof canopy-mounted solar photovoltaic energy system
shall serve only the lot upon which it is located and may not serve
any other lot either in common ownership or otherwise. All supporting
equipment, such as transformers, inverters, power line interconnections,
etc. shall be installed only in the rear or side yard area of any
lot.
5.
The proposed location for all supporting equipment shall conform
to the rear yard and side yard setback requirements for an accessory
building in the zone in which the property is located (and in no case
shall be located in the front yard).
6.
Electrical wiring extending between solar panel arrays, system transformers,
inverters, and buildings shall be installed underground.
(a)
A power disconnect and system shut-down device accessible to
emergency services personnel shall be installed and marked conspicuously
with a sign, which shall identify an emergency contact person and
an emergency contact telephone number. The property owner shall make
the property available to local emergency first responders for annual
training on power disconnect and system shut down procedures that
may be required in the case of an emergency. System diagrams shall
be provided to local emergency first responders upon installation
and updated when alterations to the system are completed.
7.
Installations proposed within a designated historic district or on
a historic site shall be subject to the provisions of Section 13-1806.
d.
Ground-Mounted Solar Photovoltaic Energy Systems. Where permitted,
a ground-mounted solar photovoltaic energy system may be installed
subject to the following requirements:
1.
Accessory to principal permitted use.
(a)
A ground-mounted solar photovoltaic energy system shall not
be constructed on any lot which does not contain a permitted principal
structure.
(b)
A ground-mounted solar photovoltaic energy system shall serve
only the permitted principal structure and permitted accessory buildings
located on the tax lot upon which the energy system is located.
2.
Nonresidential and commercial agricultural ground-mounted solar photovoltaic
energy systems shall require site plan approval.
3.
Issuance of a Construction Permit. An applicant for a ground-mounted
solar or photovoltaic energy system permit shall obtain all permits
required by the Uniform Construction Code (UCC).
4.
Access. No new driveway access shall be created. Access shall be
provided utilizing existing driveways. Any interior access road required
between and among ground-mounted solar photovoltaic energy system
arrays and components shall be designed as grassed roadways to minimize
the extent of soil disturbance, water runoff and soil compaction.
5.
Maximum Height. The maximum height of solar panel arrays from existing
ground level shall not exceed six (6') feet. System components shall
not exceed the maximum permitted height for an accessory structure
in the zone in which located.
6.
Yard Placement and Visual Buffering. All components of a ground-mounted
solar photovoltaic energy system (solar panel arrays, supporting equipment
including transformers, inverters, electric utility line connections,
etc.) shall be installed only in the rear yard area and shall not
be located closer to the side property line than the existing side
yard setback of the principal building upon the lot, subject to the
following visual compatibility, placement and design standards.
(a)
The ground-mounted system and its components shall be shielded
by landscaped screen buffering plantings around the perimeter of the
facility. The buffer shall screen the system from view from adjoining
residences, preserved open space and farmland, the public traveled
way, including public rights-of-way, roads and publicly accessible
trails, and commonly traveled ways, such as, but not limited to bridle
paths.
(b)
Perimeter Landscaped Screen Buffer. Landscaped screen buffer plantings shall be indigenous evergreen species for year-round screening, which shall conform to the requirements of subsection 13-804.2t1(a), (c) and (d), which shall grow to sufficient height within five years to completely screen the system from off site view. The landscaped screen buffer plantings shall be continually maintained to provide a permanent visual screen of the facility.
(c)
Where existing features may effectively serve to shield portions
of the installation and its components from view, such features may
be substituted for portions of the required perimeter landscaped buffer.
Such features include, but are no limited to:
(1)
Existing hedgerows or forested areas, which may be supplemented
with additional plantings to achieve year-round effective visual screening
of the installation and its components;
(2)
Existing buildings, such as barns, garages, greenhouses, outbuildings,
etc.
(3)
Existing topographic features or structures such changes in
elevation, ridgelines, retaining walls and similar features.
(4)
Where any of the above features may be substituted for the required
perimeter landscaped buffer, such features shall be maintained for
as long as ground-mounted solar or photovoltaic energy system remains
on site. Where such features may be removed over time by will or act
of God, the required perimeter landscaped buffer shall be provided
within either two months of the removal of such features.
7.
Critical Areas. No portion of a ground-mounted solar photovoltaic energy system (solar panel arrays and supporting equipment such as, but not limited to transformers, inverters, power line interconnections, etc.) shall be located in a Critical Area as defined in Section 13-605.
8.
Farm Soils. Ground-mounted solar photovoltaic energy system shall
be limited upon Prime Agricultural Soils or Soils of Statewide Importance
as defined by the USDA Natural Resources Conservation Service and
or within areas identified in an "Agricultural Development Area" to
the minimum area practicable to accommodate an accessory solar photovoltaic
energy system. Construction and installation of any energy system
shall be designed to minimize any adverse impacts on the productivity
of the soil and farm operations.
9.
Solar Panel Array Ground-Mounting. To minimize land disturbance and
facilitate future site rehabilitation, solar panel arrays shall be
mounted to the ground through the use of earth screws, auger driven
piers or a similar system that does not require the use of bituminous
or concrete material.
10.
Grading. The ground-mounted system and its components should be designed
to follow the natural topography to the greatest extent possible to
minimize the disturbance of soils.
11.
Soil Erosion Control, Soil Stabilization. All ground areas occupied
by the ground-mounted solar photovoltaic energy system shall be planted
and maintained with shade tolerant grasses for the purpose of soil
stabilization. A seed mixture of native, non-invasive shade tolerant
grasses shall be utilized to promote biodiversity and natural habitat.
12.
Solar energy systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system. In no case shall any identification be visible from
the property line.
13.
Electrical wiring extending between solar panel arrays, system transformers,
inverters, and buildings shall be installed underground. A power disconnect
and system shut-down device accessible to emergency services personnel
shall be installed and marked conspicuously with a sign, which shall
identify an emergency contact person and an emergency contact telephone
number.
e.
Decommissioning, Removal, Restoration. All ground mount or parking
lot canopy solar photovoltaic energy systems shall be maintained in
continuous operation.
1.
Solar photovoltaic energy facilities and structures (roof or ground)
which have not been in active and continuous service for a period
of 18 months shall be decommissioned and removed from the property
to a place of safe and legal disposal.
2.
Upon cessation of activity or abandonment, the energy system shall
be decommissioned, all equipment removed and all areas disturbed to
construct and operate the energy system shall be restored. The property
owner shall obtain a demolition permit from the Bedminster Township
Construction Official to decommission and remove the energy system
and restore all areas disturbed to construct and operate the system.
3.
Removal of the system shall be conducted in conformance with UCC
requirements.
4.
Solar energy system structures and equipment shall be removed and,
where applicable, surface grade shall be restored.
5.
Where applicable, surface grade shall be revegetated with native
seed mixes and or plant species suitable to the area, which shall
not include any invasive species. Agricultural activities may be conducted
in farmland areas.
6.
The lot owner shall document that system decommissioning, removal
and restoration activities have been completed in accordance with
the requirements of this section with a certification from Township
code official(s).
[Ord. No. 2017-005 § 5]
a.
All units shall provide complete housekeeping facilities for sleeping,
eating, cooking and sanitation, and shall include at least 650 square
feet of interior/climate controlled space.
b.
No less than 50% of the units shall be 1-bedroom units and no more
than 5% may be 3-bedroom units.
c.
The facility shall include such support uses as a leasing center,
housekeeping facilities, and commercial laundry.
d.
The facility shall provide support for the on-site conduct of business
activities and shall include meeting and conference rooms, copy/scan/fax
production capabilities, video-conferencing and telecommunications
capabilities, and multimedia presentation facilities (including a
theater with seating for not more than 35 people).
e.
The facility shall provide social gathering areas and facilities
to meet the recreational needs of occupants and their guests including
a café and vending area, lobby/lounge/gallery, fitness center,
spa facilities (suitable for the support of yoga and massage services),
outdoor recreational area including a pool, cabanas, fire pit and
dancing area, as well as site amenities for walking and sitting.
