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