Bedminster City Zoning Code
ARTICLE 13
500 GENERAL PROVISIONS AND DESIGN STANDARDS
§ 13-501.1 Accessory Buildings as Part of Principal Buildings.
Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building, regardless of the technique of connecting the principal and accessory buildings.
§ 13-501.2 Accessory Buildings and Structures Not to Be Constructed Prior to Principal Building.
No construction permit shall be issued for the construction of an accessory building or structure, other than construction trailers or storage sheds, prior to the issuance of a construction permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building or structure, the Construction Official shall revoke the construction permit for the accessory building or structure until the construction of the main building has proceeded substantially toward completion.
§ 13-501.3 Distance Between Adjacent Buildings and Structures.
The minimum distance between an accessory building or structure and any other building(s) or structure(s) on the same lot shall be as prescribed in Articles 13-400 and 13-600 except that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than twenty-five (25') feet to any dwelling on the same lot, except that this provision shall not be applicable to farms.
§ 13-501.4 Location.
An accessory building may not be erected in required front yards and shall be set back from side and rear lot lines as prescribed in Article 13-400, except that if erected on a corner lot, the accessory building shall be set back from the street to comply with the setback line applying to the principal building for that side street and except further that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than fifty (50') feet to any property line, except that these provisions shall not be applicable to farms.
§ 13-502 STORMWATER CONTROL ORDINANCE.
[Ordinance Nos. 95-49; 97-33; #05-40; 2-16-2021 by Ord. No. 2021-001; amended in its entirety 5-6-2024 by Ord. No. 2024-002]
§ 13-502.1 Scope and Purpose.
[Added 5-6-2024 by Ord. No. 2024-002]
a.
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 13-502.2.
c.
Applicability.
1.
This section shall be applicable to all projects that meet the definition of "minor development" or "major development" as defined below.
2.
This section shall be applicable to the following major developments:
(a)
Non-residential major developments and redevelopment projects; and
(b)
Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.
(c)
This section shall also be applicable to all major developments undertaken by Township of Bedminster.
(d)
Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference and minor developments as defined herein.
d.
Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
e.
This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
§ 13-502.2 Definitions.
[Amended 5-6-2024 by Ord. No. 2024-002]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference. The following additional terms are defined for this chapter only.
Shall mean any development that creates less than 1,000 square feet of new impervious area and disturbs less than 2,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development."
(Repeated from N.J.A.C. 7:8) Shall mean an individual "development," as well as multiple developments that individually or collectively result in:
The disturbance of one or more acres of land since February 2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or
A combination of paragraph b and c above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs a, b, c, or d above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development." |
Shall mean any development that results in the creation of 1,000 square feet or more of new impervious area or one that disturbs more than 2,500 square feet of land area. Further, a minor development shall not meet the definition of "major development" in N.J.A.C. 7:8.
§ 13-502.3 Design and Performance Standards for Stormwater Management Measures.
[Amended 5-6-2024 by Ord. No. 2024-002]
This section establishes design and performance standards for stormwater management measures for minor and major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies.
a.
Exempt developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this section.
b.
Minor developments. Minor developments shall be designed to include the following stormwater management measures:
1.
Water quality. Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.
2.
Rate/volume control. Seepage pits or other infiltration measures shall be provided with a capacity of three inches of runoff for each square foot of new impervious area. Stone used in the infiltration devices shall be 2 1/2 inches clean stone and design void ratio of 33% shall be used. The infiltration measures shall be designed with an overflow to the surface which shall be stabilized and directed to an existing stormwater conveyance system or in a manner to keep the overflow on the developed property to the greatest extent feasible. If the new impervious surface is not roof area, an equivalent area of existing roof may be directed to the infiltration system. This shall be permitted where the existing roof is not already directed to infiltration devices.
c.
Major developments. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
§ 13-502.4 Waivers and Exceptions.
[Amended 5-6-2024 by Ord. No. 2024-002]
a.
Standards for relief (minor development). Waivers from strict compliance with the design standards for minor development shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.
b.
Standards for relief (major development). Waivers from strict compliance with the design and performance standards for major development shall meet the requirements N.J.A.C. 7:8-4.6.
c.
Mitigation. If the reviewing agency for the project determines that a waiver is appropriate, the applicant must execute a mitigation plan. The scope of the mitigation plan shall be commensurate with the size of the project and the magnitude of the relief required. The mitigation project may be taken from the list of projects in the Municipal Stormwater Management Plan or another project identified by the applicant. All mitigation projects are subject to the approval of the Township Engineer. A monetary contribution to the Township may be made in lieu of the work identified in the mitigation plan, subject to the approval of the reviewing agency.
d.
Reviewing agency. All applications subject to the review of the Land Use Board shall be reviewed by the Board concurrently with subdivision or site plan review. Applications not subject to Land Use Board review shall be reviewed by the Township Engineer.
e.
Appeals. The appeal of the determination of the Township Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.
§ 13-502.5 Solids and Floatable Materials Control Standards (Major Development).
[Added 5-6-2024 by Ord. No. 2024-002]
a.
Site design features identified under Subsection 13-502.3 above, or alternative designs in accordance with Subsection 13-502.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 13-502.5a2 below.
1.
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
2.
The standard in Subsection 13-502.5a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(b)
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(1)
A rectangular space four and five-eighths (4.625) inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
§ 13-502.6 Safety Standards for Stormwater Management Basins.
[Added 5-6-2024 by Ord. No. 2024-002]
a.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
b.
Safety Ledge Illustration.
Elevation View — Basin Safety Ledge Configuration  |
§ 13-502.7 Requirements for a Site Development Stormwater Plan (Major Development).
[Added 5-6-2024 by Ord. No. 2024-002]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 13-502.7c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards set forth in this section.
b.
Site Development Stormwater Plan approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
c.
Submission of Site Development Stormwater Plan. The following information shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
2.
Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
3.
Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsection 13-502.3 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information, illustrated on a map of a scale of one inch equals 50 feet or larger shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 13-502.3 of this section.
(b)
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 13-502.9.
8.
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 13-502.7c1 through 13-502.7c6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
9.
Application and review fees. There shall be no additional fees for stormwater review for applications to the Land Use Board. Applications to the Township Engineer shall be accompanied by an initial review escrow deposit of $1,000 for major developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Township Engineer.
§ 13-502.8 Requirements for a Site Development Stormwater Plan (Minor Development).
[Added 5-6-2024 by Ord. No. 2024-002]
a.
The following information shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 50 feet beyond the limits of the proposed development, at a scale of one inch equals 30 feet or larger, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
2.
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping.
3.
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs.
4.
Calculations demonstrating compliance with the minor development standards of Subsection 13-502.3b must be submitted.
5.
Waiver from submission requirements. The Township Engineer may waive submission of any of the requirements in Subsection 13-502.8a1 through 13-502.8a4 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
6.
Application and review fees. There shall be no additional fees for stormwater review for applications to the Land Use Board. Applications to the Township Engineer shall be accompanied by a review fee in the amount of $250 for minor developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Township Engineer.
§ 13-502.9 Maintenance and Repair.
[Added 5-6-2024 by Ord. No. 2024-002]
b.
General maintenance.
1.
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
2.
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(a)
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
(b)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
3.
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
§ 13-502.10 Penalties.
[Added 5-6-2024 by Ord. No. 2024-002]
a.
Any person who shall violate any provision of this Land Management chapter, where no specific penalty is provided, shall, upon conviction thereof, be subject to the penalties provided in Section 1-5 of the Township Code. For the purposes of this chapter, the following individuals and entities shall be subject to potential punishment:
b.
Each day that a violation continues shall constitute a separate offense.
c.
The imposition of penalties herein shall not preclude the Township or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.
§ 13-503.1 Fences and Walls.
[Ord. #2002-19; Ord. #2007-19, § 5; Ord. #2009-017, § 1]
a.
Prior to constructing any fence or wall, a fence permit shall be obtained from the Township Zoning Officer in accordance with this section utilizing the permit form on file with the Construction and Zoning Office and the payment of the appropriate fee as specified in Chapter 2 of the Revised General Ordinances of the Township of Bedminster. Fences and walls, including deer fences, associated with farming activity, governed by the Bedminster Township Right to Farm Ordinance, shall be exempted from the restrictions of this section.
b.
Deer fencing permit applications shall be reviewed by the Township Environmental Commission prior to the issuance of any deer fence permit. Upon completion of the review, the Environmental Commission shall inform the Township Zoning Officer of its review recommendations, which shall be considered by the Township Zoning Officer before issuing the permit.
c.
For purposes of this chapter, the term "fence" is defined to mean "an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas." For purposes of this chapter, the term "fence" shall include the term "wall." For the purposes of this chapter, the term "deer fence" is defined to mean any fence whose primary purpose is to prohibit movement of deer and deer population onto a property or shift the movement of deer and deer population to other properties.
d.
The following regulations shall apply to fences and walls.
1.
No fence, including deer fences, shall be constructed or installed so as to constitute a hazard to traffic or safety.
2.
No fence shall encroach upon or be constructed or installed within a local public road or right-of-way, unless approved as part of a site plan or subdivision application for development.
3.
No fence shall be erected of barbed wire, topped with metal spikes or electrified nor shall any fence be constructed of any material or in any manner that may be dangerous to persons or to animals.
4.
In all zone districts, fences shall be installed no higher than six (6') feet. Notwithstanding the foregoing, fences may be installed to a height of up to seven (7') feet in height in the R-3 and R-10 Zone Districts. The following specific height limitations shall apply to all fences:
(a)
In all zone districts except the R-3 and R-10, solid fences installed between any street right-of-way and the foundation wall of the principal structure shall not exceed forty-eight (48") inches in height except as described in paragraph (b) below. Solid fences shall not exceed forty-eight (48") inches within the front yards of properties in the R-3 and R-10 zones and shall be located at least seventy-five (75') feet from any front lot line. Fences that exceed forty-eight (48") inches within the front yards of properties in the R-3 and R-10 zones shall not be constructed of materials that create a vision barrier greater than 50% of the surface area of the fence as viewed from any angle.
(b)
Pillars not exceeding eight (8') feet in height placed to identify an entranceway or to support a gate to a residential driveway shall be permitted in a front yard. The gate shall not exceed seven (7') feet in height, shall be set back a minimum of seventy-five (75') feet from the street right-of-way line, and shall not open towards the street. The total footprint of the entranceway pillars and flanking walls shall not exceed 100 square feet, and the average height of the flanking walls shall not exceed five (5') feet.
5.
Deer and seasonal plant protection fencing shall be constructed of vinyl or vinyl coated materials, shall be dark green, black, or brown in color, and shall have openings no smaller than four square inches. Deer fence posts shall be dark green, black, or brown in color. Deer and seasonal plant protection fencing is exempt from all height and location restrictions. The Township Environmental Commission shall consider the following standards when reviewing deer fence applications:
(a)
Where possible, deer fencing shall not break up contiguous forest tracts.
(b)
Deer fencing shall not encircle an entire property perimeter. In the R-3 and R-10 zones, deer fencings hall be set back at least seventy-five (75') feet from the property line, unless the principal building is itself within seventy-five (75') feet of the property line, in which case deer fencing shall be permitted up to twenty (20') feet from the principal building on the property. In all other zones deer fencing shall be set back from any property line by the distance required for accessory buildings in the applicable zone.
(c)
In the zone district in which it is proposed, no deer fence shall enclose an area greater than the minimum lot area, as specified in the area and yard requirements for that zone district, for any permitted use in that zone.
(d)
Deer fencing shall be constructed in a manner that allows deer to travel from property to property without using public roads. Fencing along roadways shall be consistent with subsection 13-503.1d1.
(e)
Deer fencing shall protect non-deer wildlife migration corridors through the uses of small fence pass-throughs at ground level, or bypass corridors.
(f)
Where practical, deer fencing shall be designed in a manner that does not force deer onto neighboring properties.
(g)
Deer fencing shall protect riparian corridors where feasible.
(h)
Deer fencing shall be set back at least twenty (20') feet from existing equestrian trails. Deer fencing shall not cross nor close off existing equestrian trails.
(i)
Deer fencing may enclose an area up to twenty (20') feet from the principal building on property.
6.
Recreation/sport courts may be surrounded by a fence with a maximum height of fifteen (15') feet and set back from any property line the distance required for accessory buildings in the applicable zone.
7.
A private residential or commercial swimming pool area must be enclosed by a suitable fence with a self-latching gate at least four (4') feet, but no more than six (6') feet in height.
8.
The finished side of all fences shall face adjacent properties and streets.
§ 13-503.2 Sight Triangles.
[Ord. #2002-19]
Sight triangle easements shall be required at intersections, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than twelve (12") inches above the street centerline, except for street signs, fire hydrants and light standards. The sight triangle is defined as that area outside of the street right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight points," one each located on the two intersecting street centerlines: arterial streets at three hundred (300') feet; collector streets at two hundred (200') feet and local streets at ninety (90') feet. Where the intersecting streets are both arterials, both collectors, or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the "sight point" noted above with a "sight point" ninety (90') feet on the intersecting street (see Plate 2*). Such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and three hundred (300') feet; collector streets at two hundred (200') feet and local streets at ninety (90') feet. Where the intersecting streets are both arterials, both collectors, or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the "sight point" noted above with a "sight point" ninety (90') feet on the intersecting street (see Plate 2[1]). Such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of the Township of Bedminster."
[1]
Editor's Note: Plate 2, Sight Triangle Easement Intersection Diagrams, attached to this chapter.
§ 13-504.1 Standards.
[Ord. #92-05, § 2; Ord. #92-18, § 1; Ord. #98-21, § 1; Ord. #2001-13, §§ 1—3; Ord. #2008-010, §§ 1—6]
The following standards have been developed consistent with the township Master Plan with the purpose of reducing skyglow, minimizing light trespass, reducing impacts on historic and residential sites and uses, and to promote energy conservation.
a.
These standards apply to nonresidential, PUD and multi-family uses as well as public and private roads created as part of a subdivision application or site plan application made to the Planning Board or Zoning Board of Adjustment.
b.
Street lighting of a type supplied by an electric utility and of a type and number approved by the Township Engineer shall be provided at all street intersections and along all arterial, collector and local streets and at other locations deemed necessary for safety reasons. Wherever electric utility installations are required to be underground, the applicant shall provide for underground service for street lighting.
c.
Unless otherwise regulated within this section, all parking areas and walkways, passageways and access drives thereto serving commercial, public, office, multiple family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. Lights in and around access and parking areas shall be focused downward. All light sources shall not be visible from adjoining properties. Luminaries shall be shielded to reduce glare and lamps shall be recessed in the luminaire. Vertical cut-off angles shall be 75 with zero (0°) degrees below the luminaire. The light intensity provided at ground level shall be represented on the site plan with photometric curves (isolux lines) labeled in footcandles. The photo-metric curves shall be developed from a point-to-point distribution pattern, a copy of which shall be submitted with the supporting documentation for the plan.
Illumination levels for streets and nonresidential uses shall be as follows:
Illumination Levels in Footcandles (Initial) | |||
|---|---|---|---|
Maximum | Minimum | Average | |
Site Lighting | 4.0 | 0.20 | 1 |
Egress Lighting | 1.5 | 0.50 | 1 |
The illumination levels set forth in this table are a guide. Final designs shall consider the ambient lighting levels from surrounding properties. Light levels measured at property lines abutting residential uses shall be less than 0.1 footcandles.
Uniformity measurements shall be in accordance with guidelines and standards set forth by the Illuminating Engineering Society of North America (IESNA) Lighting Handbook, as supplemented and amended.
Site lighting shall be provided by fixtures with a mounting height of not more than sixteen (16') feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source. Except for minimum security lighting, illumination for nonresidential uses shall be extinguished at 11:00 p.m. or the end of the business day, whichever is earlier, except for eating and drinking establishments where the same will be extinguished at the time the establishment is closed.
d.
The illumination patterns on each site plan shall be of sufficient detail to determine the effects on adjacent properties, traffic safety and overhead sky glow and lighting should be specified which will minimize these undesirable effects. House shields shall be provided where fixtures are adjacent to residential uses or within thirty-five (35') feet of public roadways. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or restrict driver vision or interfere with the use and enjoyment of adjacent properties. To achieve these requirements, the intensity of light sources, light shielding and similar characteristics shall be subject to site plan approval. Building facade illumination is not permitted except for places of worship.
e.
In the case of nonresidential uses, interior lighting shall not be visible from the property lines of the lot on which the premises lies after the hour of 11:00 p.m. or at the end of the business day, whichever is earlier, except for eating and drinking establishments where the same will not be visible from the said property lines after the establishment is closed. This restriction does not apply to minimum interior security lighting.
f.
Illumination at any street intersection shall not be less than 0.5 footcandles nor greater than five (5.0) footcandles.
g.
Lighting fixtures shall in general be in conformance with those on surrounding properties. The purpose of this section is to ensure fixtures are consistent with the historic village atmosphere of Bedminster, Pluckemin and Pottersville. To accomplish this goal, and to reduce the glare from lighting sources, properly shielded colonial type fixtures shall be used at entrances along the streetscape and shoe box type fixtures shall be used within parking lots. The use of bollard lights with unshielded sources or reflectors is prohibited.
h.
Lighting solely for the purposes of artificially illuminating landscaped areas shall be prohibited.
i.
Lighting for recreational purposes (tennis courts, riding rings and other uses) shall be a conditional use in all zones. (See subsection 13-601.6).
j.
Lighting, illuminated signs, or window displays visible from the exterior shall not have moving, blinking or neon-type lights.
k.
Vending machines, where previously permitted, located outside shall not be illuminated.
l.
Sign Lighting. Externally illuminated signs shall be lit by means of a single fixture per face mounted on top of the sign, pointing downward onto the sign. Ground mounted lighting is prohibited. The light sources shall provide no more than 2,000 lumens.
§ 13-504.2 Standards for Recreational and Agricultural Uses.
§ 13-504.3 Standards Applicable to Single-Family Residential Zones.
§ 13-505 LOT CONFIGURATION.
a.
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
b.
Each lot must front upon an approved street.
c.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the Board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.
d.
Concrete monuments shall be installed on one side of all streets and elsewhere in accordance with the requirements of the New Jersey Map Filing Act.
§ 13-506 NATURAL FEATURES.
[Ord. #94-18, § 3; Ord. #95-49, § 3; Ord. #2001-31, § 1]
a.
Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage ridge lines shall be preserved wherever possible in designing any development containing such features. As part of the subdivision or site plan review process, development should be designed to preserve scenic vistas and views of cultural/historic landmarks and of unique geographic and topographic features. On hillsides, development should be sited below the ridge line and the height and location of development should protect unobstructed views of the ridges from public roadways designated as scenic corridors in the Master Plan.
b.
No top soil shall be removed from areas intended for lawn and open space. Top soil moved during the course of construction shall be redistributed evenly over the tract so as to provide at least four (4") inches of cover to all areas, which cover shall be stabilized by approved seeding and/or planting.
c.
A conscious effort shall be made to preserve the existing vegetation on the site. In any case, a sufficient number of shade trees shall be provided and planted on the site to ensure a minimum of eight trees per acre for each lot or tract. The proposed location of the trees shall be indicated on the site plan and/or subdivision submission. All newly planted shade trees shall be of nursery stock, shall have a minimum caliper of two (2") inches and shall be of a species indigenous to the area.
d.
In order to provide for the protection of stream corridors, a conservation easement shall be provided for all water courses. The width of the conservation easement shall be fifty (50') feet from the top of each bank. In cases where a well-defined top of bank does not exist, the easement shall be fifty (50') feet from the water's edge. In cases where a well-defined water's edge does not exist, the easement shall be fifty (50') feet from the centerline of the watercourse. Such conservation easement shall be perpetual, shall name the Township of Bedminster as beneficiary, shall prohibit erection of any structures, except necessary access crossings and/or other structures approved pursuant to subsection 13-605.11 and shall be confirmed by deed and by plat filed with the County Recording Officer in compliance with the Map Filing Law. The Township Committee shall notify the Environmental Commission before vacating or modifying any conservation easement established on a stream corridor.
e.
Watercourses and their ecological habitat shall be protected by buffers established and maintained as follows:
1.
Along any watercourse identified as a perennial or intermittent stream on the USDA Soil Survey for Somerset County, development shall be restricted with no building, parking lot or septic field constructed within twenty-five (25') feet of the watercourse centerline. Improved recreational trails and necessary road and utility crossings and/or other structures approved pursuant to subsection 13-605.11 of this chapter shall be allowed.
2.
Along any watercourse identified as a blue line stream on United States Geological (USGS) Survey Maps, a three-tier managed buffer system shall be maintained to promote enhancement of water quality. Development shall be restricted in the buffer and there shall be no buildings, driveways, roads and utilities, septic systems or septic fields, except as necessary access crossings and/or other structures approved pursuant to subsection 13-605.11 of this chapter. The buffer for blue line streams shall be established and maintained in accordance with the following standards:
(a)
A streamside buffer shall be established for all developments to stabilize the bank and water temperatures. The streamside buffer shall extend outward from the top of the bank or, in its absence, the water's edge. Natural vegetation shall remain undisturbed.
(b)
For all site plans (whether major or minor site plans) and major subdivisions, a forest buffer shall be established to improve water quality and reduce flood flows. The forest buffer shall extend between the streamside buffer and the outer buffer. Managed forestry uses which maintain leaf litter shall be permitted. For all vacant lots in existence as of the effective date of this paragraph[1] and for all minor subdivisions a forest buffer is encouraged and shall be allowed to grow naturally to improve water quality and reduce flood flows.
[1]
Editor's Note: Paragraph e, codified herein, was adopted by Ordinance No. 2001-31, November 5, 2001.
(c)
An outer buffer shall be established for all site plans (whether major or minor site plans) and major subdivisions to slow and filter overland water flows. The outer buffer shall be situated outside the streamside and forest buffers. Permitted activities include managed forestry uses which maintain leaf litter, hay fields, "no till" cropping, and pasture (except not more than one head of sheep or cow per five acres). Minimum required front, side and rear yards on the lot shall be measured from the outer line of the outer buffer. For all vacant lots in existence as of the effective date of this paragraph[2] and for all minor subdivisions, an outer buffer is encouraged and shall be allowed to grow naturally to improve water quality and reduce flood flows.
[2]
Editor's Note: Paragraph e, codified herein, was adopted by Ordinance No. 2001-31, November 5, 2001.
(d)
The width of the buffers set forth above shall reflect the environmental values of the watershed for potable water supply, recreational use and natural habitat in accordance with the following widths or setbacks:
Streamside buffer | 25' |
Forest buffer | 25' |
Deforested tracts | |
Moderate: 26+% — 50% or less cover | +15' |
Severe: 13+% — 26% or less cover | +30' |
Extreme: 13% or less cover | +60' |
In trout stocked areas | +50' |
In trout production or trout maintenance areas | +100' |
Outer buffer | 25' |
Where steep slopes (in excess of 25%) sloping up from the stream are located within the buffer, the entire distance of the steep slope area shall be added to the buffer.
(e)
At least some of the trees planted or transplanted on a site in accordance with a tree mitigation plan under the tree removal ordinance shall be planted in the forest buffer area. The trees planted shall consist of native species as identified by the Bedminster Township Environmental Commission.
(f)
The conservation easements, established under Section 13-506d, shall authorize the streamside and forest buffer plantings and management activities set forth in this section. A conservation easement consistent with this paragraph and approved as to form and content by the Township Engineer and Planning Board Attorney shall be filed with all subdivision and site plans requiring a buffer pursuant to this ordinance.
(g)
The use of pesticides, herbicides and fertilizers shall be prohibited in all of the buffers.
§ 13-507 NONCONFORMING LOTS, STRUCTURES AND USES.
a.
Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued and any existing structure devoted to a nonconforming use may be structurally altered to the following regulations:
1.
A nonconforming use shall not be enlarged unless the use is changed to a conforming use. However, where a building meets the use requirements of this chapter but is nonconforming because of height, area or yard requirements, said use may be enlarged provided the height, area or yard regulations are not violated; i.e., if a front yard is made nonconforming by a street widening, this does not preclude a conforming addition to the rear within the rear setback line.
2.
A nonconforming use, once changed to a conforming use, shall not thereafter be changed back to a nonconforming use.
3.
A nonconforming use in existence at the time of the passage of this chapter shall not be permitted to be changed to another nonconforming use.
b.
Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God or act of public enemy, provided that any nonconforming building that is partially destroyed in the manner aforesaid may be reconstructed and thereafter used only in such a manner as not to further violate the reasons for the nonconformity.
c.
Any building that is nonconforming because of use, that is totally destroyed in the manner aforesaid, may be rebuilt only as a conforming use.
d.
Any building that is nonconforming because of height, area or yard requirements that is totally destroyed, may be rebuilt only if the height, area and yard requirements of this chapter are met. In the event that it is physically impossible to meet the height and area and yard requirements of this chapter, said building may be rebuilt providing the nonconforming height and area and yard requirements are not further violated.
e.
Any nonconforming use that is partially destroyed must be the subject of an application for a construction permit to rebuild the nonconforming use within 12 months from the time of destruction. If the application to rebuild the nonconforming use is filed after the last mentioned 12 month period, a construction permit will be issued for a conforming use only.
f.
Nothing in this chapter shall prevent the restoration of a wall or other structural element declared unsafe by the construction official.
g.
Nothing in this chapter shall be interpreted as authorization for, or approval of, the continuance of the use of a structure in violation of zoning regulations heretofore in effect.
h.
The foregoing provisions of this section shall also apply to structures, land or uses, which hereafter become nonconforming due to reclassification of zone districts under this chapter, or any subsequent change in the regulations of this chapter.
i.
No nonconforming use shall be extended to displace a conforming use.
j.
Whenever a nonconforming use has been discontinued for a period of one year or more, there shall be a prima facie presumption that such use was abandoned.
k.
1.
Nonconforming lots in the R-10 District. The owner of any existing vacant lot of six acres or more but less than 10 acres may be permitted to construct a dwelling unit thereon and may be permitted to construct an accessory building thereto (but not an accessory dwelling unit) without an appeal to the Board of Adjustment, provided that the total building coverage and floor area ratio requirements of the "R-10" District are not exceeded and the yard requirements are reduced by the same percentage that the lot bears to the zone district requirements. The owner of any existing lot of six acres or more but less than 10 acres upon which a dwelling unit is situated may be permitted to construct additions to the principal building and/or construct an accessory building thereto (but not an accessory dwelling unit) without an appeal to the Board of Adjustment, provided that the total permitted building coverage and floor area ratio requirements of the "R-10" District are not exceeded and the yard requirements are reduced by the same percentage that the lot area bears to the zone district requirements.
2.
Nonconforming Residential Lots in All Zones. Where existing lots are of insufficient size to meet the lot area requirements of this chapter, new dwelling units or additions to existing dwelling units or accessory buildings may be constructed in accordance with the following schedule:
Existing Lot Size Ranges | ||||
|---|---|---|---|---|
Up to 1/4 acre | More than 1/4 acre but less than 1/2 acre | 1/2 acre or more but less than 2 acres | 2 acres or more but less than 6 acres | |
Principal building: | ||||
Minimum yards: | ||||
Side yard | 15' | 20' | 20' | 50' |
Combined side yard(1) | 50% of lot | 50% of lot | 50% of lot | 50% of lot |
Front yard | 25' | 40' | 50' | 75' |
Rear yard | 30' | 45' | 50' | 50' |
Accessory building: | ||||
Minimum distance to: | ||||
Side line | 10' | 10' | 15' | 30' |
Rear line | 10' | 10' | 15' | 30' |
Other building | 10' | 10' | 15' | 30' |
Maximum: | ||||
Building coverage of principal building | 20% | 15% | 10% | 5% |
Lot coverage | 35% | 25% | 15% | 8.5% |
Floor area ratio | NA | NA | NA | 3% |
(1)Not applicable in the VR-80 and VR-100 Zones.
§ 13-508.1 Landscaping.
a.
Except for detached single-family and two family dwelling units, a screen planting, berm, fence, wall or combination thereof, not less than four (4') feet in height, shall be provided between the off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such areas and the lot line or street line is greater than one hundred fifty (150') feet.
b.
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street or adjacent residential district(s) throughout the year. Such screening shall be by an extension of the building, a fence, berm, wall, planting or combination thereof.
c.
Each off-street parking area shall have a minimum area equivalent to one parking space per every 30 spaces landscaped with approximately 1/2 said area having shrubs no higher than three (3') feet and the other half having trees with branches no lower than seven (7') feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility.
§ 13-508.2 Lighting.
Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with Section 13-504.
§ 13-508.3 Paving and Curbing.
[Ord. #2000-12, § 1]
a.
All parking and loading areas and access drives shall be paved as provided below except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant and a desire to preserve the natural environment when possible, may permit the elimination of the pavement requirement and/or a reduction in the area devoted to parking provided:
1.
The submitted plan shall include all the parking spaces required by this chapter and shall include those spaces to be paved and those requested not to be paved;
2.
All parking areas not to be paved shall be suitably landscaped and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary; and,
3.
The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas should the paved parking areas prove to be inadequate to accommodate the on-site parking needs of the premises.
4.
All parking areas not to be paved shall be considered as lot coverage with respect to the area and yard requirements for the respective districts.
b.
All paved parking and loading areas and access drives shall be paved as outlined below unless otherwise specified by the appropriate municipal agency and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
1.
Areas of ingress or egress, parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than four (4") inches of compacted base course of plant mixed bituminous, stabilized base course, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. A minimum two (2") inch wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey Highway Department specifications and amendments thereto. If and where directed by the Township Engineer due to unsuitable base conditions, a minimum of three (3") inches of graded quarry blend (Mix #5) shall be provided.
2.
Where subbase conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbase shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subbase material as reasonably determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains or an alternate solution approved by the Township shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described heretofore, shall be spread thereon.
c.
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
d.
All parking and loading areas and access drives serving nonresidential and multiple-family developments shall be curbed throughout. Curbing within other developments shall be installed at all intersections, where storm water velocities exceed the erosion velocities specified in the "New Jersey Soil Erosion Sedimentation" standards, and/or bordering streets or other areas where on-street parking is permitted and/or likely to occur.
§ 13-508.4 Access.
[Ord. #95-49, § 4]
The centerlines of any separate access points shall be spaced at least fifty-five (55') feet apart, shall handle no more than two lanes of traffic; shall be at least twenty (20') feet from any property lines; and shall be set back from the street line of any intersecting street at least fifty (50') feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed two hundred (200') feet. Continuous open driveways in excess of sixteen (16') feet at the street line shall be prohibited except that two-way driveways serving nonresidential uses and multiple-family developments shall be at least twenty-four (24') feet wide. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street. Guided by the Township's adopted circulation plan element of the master plan, where appropriate, a plan for bikeways, bicycle racks, sidewalks, and/or walkways for all subdivisions of 10 or more and all nonresidential uses of 20,000 square feet or more shall be provided to assure safe pedestrian access to adjacent neighborhoods, adjoining roads or commercial centers.
§ 13-508.5 Location of Parking and Loading.
Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter. No designated parking spaces shall be permitted in fire lanes, public streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas and, in the case of nonresidential uses only, no parking shall be permitted in minimum required front, side or rear yard areas.
§ 13-508.6 Type of Facility.
a.
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
b.
The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Aisles providing access to parking areas shall have the following minimum dimensions:
Angle of Parking Space | One-Way Aisle | Two-Way Aisle |
|---|---|---|
90° | 22' | 24' |
60° | 18' | 20' |
45° | 15' | 20' |
30° | 12' | 18' |
Parallel | 12' | 18' |
Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
§ 13-509 PERFORMANCE STANDARDS FOR ALL USES.
An application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the State Department of Environmental Protection.
§ 13-509.1 Electrical and/or Electronic Devices.
All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in HEW Publication No. (FDA) 75-8003, are prohibited. All forms of electromagnetic radiation lying between 100KHz and 10GHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line (or beyond the operator's dwelling unit in the case of multi-family dwellings) as the result of the operation of such equipment.
§ 13-509.2 Glare.
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
§ 13-509.3 Heat.
No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection.
§ 13-509.4 Noise.
[Ord. #2000-12, § 1]
Uses and equipment shall be designed and operated in accordance with those rules and regulations pertaining to noise levels established by the New Jersey Department of Environmental Protection as they are adopted and amended.
a.
Exemptions. The following are exempt from the noise level limits.
1.
Noise from domestic power tools, lawn mowers, and agricultural equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they produce less than 85 dBA at or within any real property line of a residential property;
2.
Sound from the bells and chimes of houses of worship when a part of a religious observance or service;
3.
Noise from construction activity provided all motorized equipment used in such activity is equipped with functioning mufflers;
4.
Noise from snowblowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal;
5.
Noise from stationary emergency signaling devices that conforms with the provisions of N.J.A.C. 7:29;
6.
Noise from an exterior burglar alarm of any building or motor vehicle provided such burglar alarm shall terminate its operation within 15 minutes after it has been activated.
b.
Prohibited Acts.
1.
No person shall cause, suffer, allow or permit to be made verbally or mechanically any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
2.
No person shall cause, suffer, allow or permit the following acts:
(a)
Sound reproduction systems. Operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device;
(b)
Loudspeakers and public address systems. Using or operating any loudspeaker, public address system, or similar device between the hours of 10:00 p.m. and 8:00 a.m. on the following day, such that the sound therefrom creates a noise disturbance across a residential real property line;
(c)
Animals and birds. Owning, possessing or harboring any pet animal or pet bird that frequently or for continued duration, makes sounds that create a noise disturbance across a residential real property line (for the purpose of this section, a noise disturbance from a barking dog shall be defined as that created by a dog barking continually for 10 minutes or intermittently for 30 minutes unless provoked);
(d)
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, liquids, garbage cans, refuse or similar objects, or the pneumatic or pumped loading or unloading of bulk materials in liquid, gaseous, powder or pellet form, or the compacting of refuse by persons engaged in the business of scavenging or garbage collection, whether private or municipal, between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is a weekday and between the hours of 10:00 p.m. and 7:00 a.m. the following day when the latter is a legal holiday or weekend except by permit, when the sound therefrom creates a noise disturbance across a residential real property line;
(e)
Standing motor vehicles. Operating or permitting the operation of any motor vehicle whose manufacturers gross weight is in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, for a period of longer than five minutes in any one hour while the vehicle is stationary for reasons other than traffic congestion or emergency work, on a public right-of-way or public space within 150 feet of a residential area between the hours of 8:00 p.m. and 8:00 a.m. of the following day;
(f)
Construction and demolition. Operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 5:00 p.m. and 7:00 a.m. the following day on weekdays, 5:00 p.m. and 8:00 a.m. on Saturday evening through the following Monday morning, or at any time on legal holidays, provided such equipment is equipped with a functioning muffler except for (a) emergency work, or (b) when the sound level does not exceed the levels established by the New Jersey Department of Environmental Protection.
c.
Exceptions. The provisions of this section shall not apply to:
1.
The emission of sound for the purpose of alerting persons to the existence of an emergency except as elsewhere provided in this chapter;
2.
The emission of sound in the performance of emergency work;
3.
The emission of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Act; or
4.
Noise from municipally sponsored or approved celebrations or events.
§ 13-509.5 Odor.
Odors shall not be discernible at the lot line or beyond.
§ 13-509.6 Storage and Waste Disposal.
[Ord. #93-4, § 2]
No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards. In the "VN" and "OR" Districts, specifically, outside storage and/or display of merchandise, product, equipment, waste or similar material or objects shall be prohibited, except as follows: (1) shopping carts at supermarkets which may be stored within accessory building setback distances for the zone in which the use is located, (2) garbage/recycling containers properly shielded, containers for flowers/decorative plantings, nursery stock and benches may be displayed or maintained within accessory building setback distances for the zone in which the principal property use is located, (3) outside public telephones shall be attached to the principal building on a property (the only signage to be associated with the telephone shall be that which is customarily affixed to the equipment to provide operating instructions), (4) U.S. Postal receptacles shall be maintained in accordance with standard postal regulations, (5) outside delivery service receptacles (other than U.S. Postal receptacles) shall be maintained within three (3') feet of the principal building on a property, (6) items permitted through site plan approvals, and (7) automotive related merchandise dispensed at automobile service station gas pump locations, i.e., gas and oil; other related service station merchandise, i.e., batteries, tires and the like may only be displayed within three (3') feet of the principal building on a property.
§ 13-509.7 Ventilation.
No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines ten (10') feet or equipped with baffles to deflect the discharged air away from the adjacent use.
§ 13-509.8 Vibration.
There shall be no vibration which is discernible to the human senses of feeling beyond the immediate lot.
§ 13-510 PUBLIC UTILITIES.
a.
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners, and the developer shall provide the Township with four copies of a final plan showing the installed location of the utilities. The developer shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this paragraph; provided, how-ever, that lots which abut existing streets where over-head electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but any new service connections from the utilities, overhead lines shall be installed underground. In cases where extensions of service are needed to existing or new buildings in established subdivisions or developments, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or such other condition occur as a result of the development and necessitate the replacement or relocation of such utilities, the applicant and the Township, together, shall attempt to cause such replacement or relocation to be under-ground.
b.
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least twenty (20') feet wide and located in consultation with the companies or Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of Bedminster Township".
§ 13-511 SANITARY SEWERS AND SEPTIC SYSTEMS.
a.
Where required and where a public or private treatment and collection system is provided, the developer shall construct such facilities in accordance with the N.J.D.E.P. permit requirements and in such a manner as to make adequate sewage treatment available to each lot and structure within the development from said treatment and collection system. If a public or private treatment and collection system is included as part of a development application, the developer shall install dry sewers, including connections to each home to be constructed.
b.
Any individual on-lot septic system shall be designed in accordance with the requirements of the State Health Department or the Township Ordinances enforced by the Township Board of Health, whichever is more restrictive, and shall be subject to approval by the Township Board of Health.
§ 13-512.1 General Provisions.
[Ord. #89-17, § 1F; Ord. #91-08, §§ 3, 4; Ord. #2000-12, § 1; Ord. #2008-09, §§ 2, 3]
No signs may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or permitted use conducted on the same premises unless specifically permitted herein. No billboards shall be erected or replaced. The erection of any sign shall require a sign permit unless specifically exempted herein. No sign of any type shall be permitted to obstruct pedestrian or driving vision, traffic signals, traffic directional or identification signs, other places of business, or other signs or windows of the building on which they are located. No sign shall be erected which has a shape, color or construction that resembles emergency, regulatory or warning signs. Use of reflective and glowing materials is prohibited.
a.
Animated, Flashing and Illusionary Signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.
b.
Height. Unless otherwise regulated within this Ordinance, no free-standing or attached sign shall be higher than eight (8') feet as measured from the average existing grade underneath the sign to the highest point of the sign, including all supporting members.
c.
Free-Standing Signs. Free-standing signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a free-standing sign.
d.
Illuminated Signs. Illuminated signs shall be arranged to direct the light and glare away from adjoining premises and away from adjoining streets. No sign with red, green, blue or amber illumination shall be erected in any location. No internally-lighted signs or neon signs are permitted.
e.
Information and Direction Signs. Farm and property identification signs, street number designations, postal boxes, "private property", "no hunting", on-site directional, regulator and parking signs and warning signs are permitted in all zones and are not considered in the calculating sign area of other permitted signs. No such signs shall exceed two square feet in area, and shall not exceed four (4') feet in height. Such signs do not require a sign permit, unless otherwise required by the regulations pertaining to a particular zone. A maximum of two on-site directional, regulator, parking or warning signs are permitted.
f.
Maintenance. Signs and, in the case of permitted free-standing signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated, unsightly, or unstable.
g.
Real Estate Signs.
1.
In all zones, one real estate sign per site, temporarily advertising the sale, rental, lease, or future development of the site, the premises, or some portion thereof, may be located on the site, on private property, and, if not attached to the building, shall be set back from all street and property lines a minimum of ten (10') feet. The height shall not exceed six (6') feet and the area shall not exceed six square feet. No permit shall be required. Signs such as "too late", "sale pending" or "sold" or others of a similar nature shall be prohibited.
2.
In lieu of the sign specified in paragraph 1 hereof, on lots or tracts of three acres or more, one sign per tract temporarily advertising the sale, rental, lease or future development of the tract may be located on the site, on private property. The sign shall not exceed 10 square feet in area and shall be set back from all street and property lines a distance of eighteen (18') feet. The height shall not exceed five (5') feet from the ground to the top of the sign. Sign permits shall be required and shall be renewed annually. Prior to receiving any permit or renewal, the applicant shall demonstrate that the sign is in compliance with all zoning regulations, is in good repair and reflects accurate and current information.
h.
Sign Area. The area of a sign shall be measured using the dimension of the maximum width and length of the framed or enclosed sign, including the background, whether open or enclosed, or combination thereof, but said area shall not include any supporting framework and bracing incidental to the display itself.
i.
Signs with two Exposures. Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.
j.
Wall Fascia or Attached Signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of the building and shall not project more than six (6") inches from the building nor be higher than the eave line of the building. The sign surface shall be composed of nonglow and nonreflective materials.
k.
Window Signs. Interior window signs shall not be considered in computing the allowable signs provided, however, that such interior signs provide temporary information not displayed for more than a two week period and not exceeding 20% of the total front window area on which said interior sign is located.
l.
Relocated Signs. Signs which are to be relocated on a premises shall require a sign permit for such relocation, unless the provisions of this chapter would permit the initial installation of a sign on the premises to be made without a sign permit. All signs which are to be relocated shall conform to all applicable sections of this chapter. The applicant for such permit shall furnish a plan showing exact sign location and details required to confirm compliance with the chapter.
m.
Sign Permits. Unless otherwise exempted within this section, a sign permit shall be required for the erection of signs. All signs which are a permitted use will be subject to approval by the Bedminster Township Planning Board. Application for a sign permit shall be filed on a form available from the Township Clerk. All applications shall be accompanied by plans showing exact sign location and details as required to confirm compliance with the chapter. Permits will be issued only for those signs which meet all requirements set forth in subsection 13-512.1a through m and the sign regulations of the applicable zoning district.
n.
Signs on a property must be used for the identification of the current occupant. Within 30 days of a business ceasing operation or a property being vacated the signs, other than information and direction signs, are to be removed, made blank, or used as real estate signs for that property.
§ 13-512.2 Street Signs.
[Ord. #89-17, § 1G]
a.
Street signs shall be in conformance with municipal standards. All signs shall be installed free of visual obstruction.
§ 13-512.3 Commercial Areas.
[Ord. #91-08, § 5]
Within commercial areas, signs shall be coordinated so as to create an overall appearance of uniformity of style and color, and a proportionality of size and shape. In addition to the standards set forth in the general provisions of this section, signs with commercial areas for which a sign plan has not been approved by the Planning Board, shall:
a.
Comply with all the provisions relating to signs for the zone in which the commercial area exists; or
b.
Comply with the following:
1.
One sign shall be allowed for each permitted use.
2.
The sign for each permitted use shall be attached flat against the building on the principal facade.
3.
The sign for each permitted use shall be centered on the principal facade of the use and shall be no more than eighteen (18") inches in height.
4.
The maximum area of all lettering for each use shall not exceed:
(a)
5% of the area of the principal facade of the use, which shall be delineated by the outside front dimension of the use, or 50 square feet, whichever is smaller; or
(b)
5% of the area of the principal facade of the entire commercial area divided evenly by the number of users, or 50 square feet, whichever is smaller.
(c)
All signs within each commercial area shall comply with the area restrictions of either paragraph (a) or (b) herein.
c.
All signs within each commercial area shall be identical in material, shape, color and lettering style.
§ 13-512.4 Temporary Signs.
[Ord. #01-08, § 5; Ord. #2002-14, § 2; Ord. #2008-09, § 4]
a.
Temporary Noncommercial Signs. Annual activities or temporary events sponsored by charitable, religious or civic organizations or by government agencies shall be permitted to erect one temporary sign which shall not exceed a total area of 16 square feet, nor a height of eight (8') feet. The sign may be erected no sooner than two weeks prior to the event and must be removed one day after the event. The sign must be placed on the site of the event. No sign permitted hereunder shall remain standing for longer than three weeks. In addition to the foregoing, one additional sign conforming to the foregoing dimensional standards, may be placed, with the property owner's permission, at the northwest corner of the intersection of Lamington Road and Route 206. No more than three signs shall be placed at this location at one time. Such signs shall not interfere with traffic visibility. Sandwich board and free standing sign styles are permitted. No activity or event may be advertised more than once at this site in any calendar year. All signs permitted hereunder shall require a sign permit.
b.
Temporary Commercial Signs. Contractors and home service providers shall be permitted to erect one temporary business advertising sign on site during the progress of their work at a specific Block and Lot. Only one sign per contractor or home service provider per separate site shall be permitted. Signs shall remain in place on site only while the contractor or home service provider is active at the site, but in no case more than 30 consecutive days in any 12 month period. Signs at subdivisions may remain in place for longer periods with written approval of the zoning officer or township engineer. No signs shall exceed two square feet in size nor three (3') feet in height. Signs shall not be lighted nor in any way interfere with driver visibility.
c.
Temporary Off Premises Signs. Shall be allowed at a maximum of three locations for routing purposes, and limited to four square feet in size with a maximum height of three (3') feet. Display shall be limited to Saturdays and Sundays from 10:00 a.m. to 7:00 p.m. All signs shall be placed as to not obstruct walkways or create obstructions to vehicle traffic. No permit is required.
d.
One flag of generic design or logo with a maximum dimension of 15 square feet in addition to the other permitted signs is allowed provided the flag or its supports do not intrude into any driveway walkway, stairway, sidewalk or egress path and does not create a danger to pedestrians or vehicle traffic. No permit required.
e.
Temporary seasonal banners and signs are permitted for a maximum of 45 days per year per premises, with a maximum of 14 consecutive calendar days per sign. There is a minimum waiting period between displays equal to the time the previous display. (Five day display, then five day minimum wait until the next display). Maximum display size is 18 square feet or 10% of the premises facade, whichever is less. The display or its supports must not intrude into any driveway, walkway, stairway, sidewalk or egress path and does not create a danger to pedestrians or vehicle traffic. A letter describing the display must be filed with the zoning officer for his approval. The Zoning Officer has 14 days to respond.
f.
Public purpose temporary off-premises signs are permitted by Bedminster agencies and nonprofit organizations with a maximum size of four square feet when in a right-of-way with a maximum two signs per intersection, or 18 square feet when on municipal property other than a right-of-way. The signs may be placed no more than two weeks prior to the event and removed within one week of the event. A letter describing the display must be filed with the Zoning Officer for his approval. The Zoning Officer has 14 days to respond.
§ 13-512.5 Political Signs.
[Ord. #97-32, § 1]
The erection of temporary signs indicating a political preference for a person and/or a political party seeking election shall be permitted provided such signs do not exceed a total area of four square feet. Said signs shall not be erected sooner than 30 days prior to the election and must be removed no later than seven days after the election. Except as set forth herein, political signs shall conform to all requirements of subsection 13-512. No permit shall be required for political signs. Signs associated with a specific political event, other than elections, shall not be erected sooner than 15 days prior to the event and must be removed no later than three days after the event. The political organization associated with the signs and/or the individual(s) erecting the signs are subject to penalty for any violation or violations of this subsection.
§ 13-513.1 Streets.
a.
All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan and all such streets shall have an adequate crown.
The arrangement of such streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.
b.
When a new development adjoins land susceptible of being subdivided or developed, suitable provisions shall be made for access to the adjoining lands.
c.
Local streets shall be so planned and identified with appropriate signs so as to discourage through traffic.
d.
In the event that a development adjoins or includes existing streets that do not conform to widths as shown on the adopted Master Plan or Official Map or the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of Bedminster Township." If the development is along one side only, 1/2 of the required extra width shall be dedicated and the road shall be improved, including excavation, base courses and surfacing, in accordance with the approved application.
e.
In all developments, the minimum private or public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule:
R-O-W Width | Traffic Lanes | Shoulder Width Within Gutters | Width o.s. Gutters On Each Side (1) | Width Between Gutters & Curbs | |||
|---|---|---|---|---|---|---|---|
No. | Width | ||||||
Arterial | 66' | 2 | @ | 13' | 10' | 10' | 46' |
Collector | 60' | 2 | @ | 12' | 8' | 10' | 40' |
Local with parking | 50' | 2 | @ | 18'(2) | — | 7' | 36' |
Local without parking | 50' | 2 | @ | 13' | — | 12' | 26' |
Notes: | |||||
|---|---|---|---|---|---|
(1) Shall be grass stabilized topsoil, minimum four (4") inches thick. | |||||
(2) Area adjacent to curb available as parking area. |
f.
Street intersections shall be as nearly at right angles as possible and in no case shall be less than eighty (80°) degrees. Approaches to all intersections involving collector or arterial roads shall follow a straight line, or a curve with a radius of not less than seven hundred (700') feet for at least one hundred (100') feet. No more than two streets shall meet or intersect at any one point and the centerlines of both intersecting streets shall pass through a common point.
Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except where the frontage is sufficient, more than one street may intersect the arterial or collector street, provided the streets shall not intersect with the same side of the existing street at intervals of less than eight hundred (800') feet. The block corners at intersections shall be rounded at the curbline, with the street having the highest radius requirements as outlined below determining the minimum standards for all curblines:
Arterials | 40 foot radius; |
Collectors | 35 foot radius; and |
Local Streets | 25 foot radius. |
g.
A tangent of at least one hundred (100') feet long shall be introduced between reverse curves on arterial or collector streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice as contained in the "Transportation & Traffic Engineering Handbook," ITE, latest edition.
h.
Cul-de-sacs shall be no more than twelve hundred fifty (1,250') feet in length but, in any case, shall provide access to no more than 25 dwelling units where such access is to single-family dwellings only, or to no more than 80 dwelling units, where access is to other than single-family detached dwellings. A turn-around shall be provided at the end of the cul-de-sac with a radius of fifty (50') feet. The center point for the radius shall be the centerline of the associated street or, if off-set, off-set to a point where the radius becomes tangent to the right curbline of the associated street (see Plate 3[1]).
[1]
Editor's Note: Plate 3, Variations of Cul-De-Sac Designs, attached to this chapter.
i.
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their name only at street intersections. The Board reserves the right to approve or name streets within a proposed development.
j.
The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the County or State Engineers, when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Town-ship, the following standards shall apply:
1.
On all Township local roads, the base course shall be four (4") inches of Bituminous Stabilized Base, Stone Mix No. 1, place on a compacted, unyielding subgrade. If and where directed by the Township Engineer due to unsuitable base conditions, a minimum of three (3") inches of graded quarry blend (Mix #5) shall be provided.
2.
On all Township collector streets, the base course shall be five (5") inches of Bituminous Stabilized Base, Stone Mix No. 1, applied upon a compacted unyielding subgrade consisting of a minimum of three (3") inches of graded quarry blend (Mix #5) which has been inspected and approved by the Township Engineer.
3.
The surface courses for all classes of Township streets shall consist of two (2") inches of Bituminous Concrete, Type F.A.B.C.-1, Mix #5, applied according to State Highway specifications. In all cases, a tack coat shall be applied between the surface course and the base course in accordance with the New Jersey State Highway specifications.
k.
The maximum grade for all streets within the Township shall be 10%.
§ 13-513.2 Curbs.
[Ord. #2000-12, § 1]
Curbing, either Belgian block or concrete, shall be installed at all street intersections, where storm water velocities exceed the erosion velocities specified in the "New Jersey Erosion Sedimentation" standards, and/or bordering streets or other areas where on-street parking is permitted and/or likely to occur. All curbing shall be laid in the manner approved by the Township or other appropriate governmental authority.
Curbs on Township roads shall adhere to the following specifications, unless otherwise specified by the Township Engineer:
a.
If concrete, the curbing shall meet the following specifications:
1.
The concrete to be used for curbs shall be Class "B" air entranced concrete (minimum 4,000 p.s.i.) as specified in the New Jersey State Highway Specifications for Curbs and Gutters.
2.
Curbs shall be constructed using ten (10') foot plates. Expansion joints shall be provided at maximum intervals of twenty (20') feet and shall be of a premolded bituminous fiber one-half (1/2") inch thick.
3.
Openings for driveways shall be a minimum of fourteen (14') feet and shall be in accordance with subsection 13-508.4 of this chapter. The curb at such openings shall be depressed to the extent that one and one-half (1 1/2") inches extend above the finished pavement. The rear top corner of this curb shall have a radius of one-fourth (1/4") inch and the top corner shall have a radius of one and one-half (1 1/2") inches.
4.
Concrete curbs for the Township local roads shall be eight (8") inches wide at their base and not less than six (6") inches wide at their top. Their height shall not be less than eighteen (18") inches and be constructed to show a vertical face above the roadway pavement of six (6") inches. The rear top corner of this curb shall have a radius of one-fourth (1/4") inch and the front top corner shall have a radius of one and one-half (1 1/2") inches. Curbs at driveway openings shall be constructed to the full depth of eighteen (18") inches, which depth shall extend a minimum of six (6") inches on either side of the depression.
5.
Concrete curbs for Township collector roads shall be eight (8") inches wide at their top. Their height shall be no less than twenty (20") inches and shall be constructed to show a vertical face above the roadway pavement of six (6") inches. The rear top corner of this curb shall have a radius of one-fourth (1/4") inch and the front top corner shall have a radius of one and one-half (1 1/2") inches.
b.
If granite block, the construction detail shall be in accordance with the "Standard Construction Details and Specifications of Bedminster Township, Somerset County, New Jersey", a copy of which is attached hereto and made a part hereof. Stones used for local roads shall not be less than ten (10") inches in height and shall be constructed to show a vertical face above the roadway pavement of six (6") inches. Stones used for collector roads shall not be less than twelve (12") inches in height and shall be constructed to show a vertical face above the roadway pavement of six (6") inches.
c.
Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.
§ 13-513.3 Sidewalks and Aprons.
a.
Sidewalks and aprons shall be required, at the Board's discretion, depending upon the probable volume of pedestrian traffic, the development's location and relation to populated areas, and the general type of development intended.
b.
Where required, sidewalks shall be at least four (4') feet wide and four (4") inches thick on a gravel bed at least four (4") inches thick and located as approved by the Board. Sidewalk aprons and sidewalks at aprons shall be concrete at least six (6") inches thick or another paving surface as may be approved by the reviewing authority.
§ 13-513.4 Standard Details.
a.
All improvements shall be installed and located in accordance with the "Standard Construction Details and Specifications of Bedminster Township, Somerset County, New Jersey", a copy of which is attached hereto and made a part hereof.
b.
Plans and specifications for road and drainage construction shall be approved by Bedminster Town-ship prior to the commencement of any construction work.
c.
All construction work shall be subject to the super-vision and inspection of the Township Engineer.
§ 13-514 SWIMMING POOLS.
a.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than 50% of the yard area in which it is located and shall meet the setback distances for accessory buildings as specified in Article 13-400 or Article 13-600 of this chapter, as the case may be, except that in no case may a swimming pool be located closer than fifteen (15') feet to any lot line.
b.
No commercial swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval. Commercial swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute.
c.
A private residential or commercial swimming pool area must be enclosed by a suitable fence with a self-latching gate at least four (4') feet but no more than six (6') feet, in height. The fence must be located at least three (3') feet from any property line.
§ 13-515 WATER SUPPLY.
a.
Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or State agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.
b.
Where no public water is accessible, water shall be furnished on an individual lot basis. If a well is installed on a lot and the lot also contains its own sewage disposal facilities, the well shall be of the drilled type with a minimum fifty (50') feet of casing. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended. The well will be required to have a production of not less than six gallons per minute as established by Bailor tests, and certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hypochlorite or other acceptable solutions and a sample collected by a local or State Health Department representative for bacteriological examination. A copy of the result of the above referred to Bailor tests and bacteriological examination and a certificate from the local or State Health officer that the owner has complied with the applicable local or State health regulations shall be submitted to the Township before the issuance of construction permits in connection with each individual lot.
§ 13-516 CONSTRUCTION MITIGATION.
[Ord. #2000-12, § 1]
All approvals for development, whether site plan or sub-division, shall require the following construction mitigation measures:
a.
The soil erosion and sedimentation control plan approved by the Board shall remain in full force and effect during the course of construction. Failure to comply with the soil erosion and sedimentation control plan shall result in a work stoppage until the conditions are corrected and the soil erosion and sedimentation control plan is reestablished.
b.
The following measures shall remain in full force and effect during construction on-site:
1.
Elimination of anti-vandalism horns on equipment shall be required.
2.
Work hours shall be limited to 7 a.m. to 5 p.m. Monday through Friday and 8 a.m. to 5 p.m. on Saturday. No work shall take place on Sundays or holidays, except on emergency basis. The holidays which shall be observed for purposes of this section shall be New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. The applicant shall maintain personnel on-site to whom incidents of noise disturbance shall be reported and said personnel shall be authorized to take measures to minimize said disturbance immediately.
3.
Anti-litter regulations shall be imposed on-site, said regulations to be reviewed and approved by the Township Planner.
4.
The applicant shall establish regulations for the safe and proper transfer and transport of fuel on-site.
5.
Track mats shall be located by the Somerset Union Soil Conservation District representative and the Township Engineer in such places as to minimize the tracking of dirt and mud off-site.
6.
Clean-up and wash down of trucks and equipment shall be required before said vehicles are authorized to leave the construction site.
7.
Adequate provisions for safe control of employee parking, including employees of contractors and subcontractors, shall be required on-site during construction.
8.
All construction traffic shall enter and exit the site in accordance with a plan to minimize the disruption of existing development within the area.
9.
Violation of any of these construction mitigation measures may result in a stop work order, which order shall remain in full force and effect until the violation is remedied to the satisfaction of the Township Engineer.
c.
Prior to construction, including site work activity, a preconstruction meeting shall be required pursuant to the provisions of Article 13-1000 of the Land Development chapter. Said preconstruction meeting shall include Township representatives, the applicant, its engineers and contractors. The preconstruction meeting shall not be held until a copy of the Engineer's opinion of probable cost has been submitted to the Township to complete inspection fees and for determination of performance bond requirements. Said bonds and fees shall be submitted to and approved by the Township Attorney.
d.
The applicant shall be required, where appropriate, to install water saving devices and day/night thermostats in all structures. The applicant shall be required to employ, where practicable, solar energy devices.
e.
All nondisturbed areas on-site shall be demarcated by snow fencing during construction, and the snow fencing shall be installed on-site prior to any construction activity, including site work. An intrusion into a nondisturbed area will result in a stop work order for that area affected by the violation, as determined by the Township Engineer. Said stop work order shall remain in full force and effect until the violation is corrected and any damage created by the violation is restored to its original state or as near thereto as is possible, said determination to be made by the Township Engineer.
f.
All landscaping approved by the Planning Board shall be subject to a two year landscaper's guarantee which shall insure the replacement of any diseased or dead landscaping material within two years of the date of planting.
g.
The applicant shall install soil erosion and sedimentation control measures as required by the approval prior to any disturbance on-site. Failure to so install said measures shall result in a stop work order that may be lifted only by the Planning Board. Continued maintenance of the soil erosion and sedimentation control measures shall be required during construction, and failure to maintain said measures shall result in a stop work order until the condition is corrected and the damage resulting therefrom has been repaired, as determined by the Township Engineer.
h.
Should blasting be required on-site, the applicant shall comply with N.J.S.A. 21:1A-128, et seq. and all regulations promulgated thereunder. In addition, the applicant shall notify the Fire Official of its intent to perform blasting activities. The notice shall provide the location of the intended blasting and the time it is expected to take place.
i.
Cut sheets shall be provided to the Township Engineer's office directly and to all on-site inspectors during construction. As-built drawings shall be forwarded to the Township Engineer's office prior to the issuance of certificates of occupancy for any structures.
j.
All conditions of approval shall, to the extent possible, be incorporated into four sets of revised plans that shall be submitted to the Township Engineer's office prior to any construction or disturbance on-site. The applicant's engineer shall be required to certify that all conditions of approval have been provided on the plans.
§ 13-517 RECYCLING REQUIREMENTS.
a.
All residential subdivisions of 25 units of single-family residential housing or multi-family residential housing and any new commercial (including retail and office uses) or industrial development proposal for the utilization of 1,000 square feet or more of land, or in such cases where site plan review is required pursuant to subsection 13-802.2, for existing structures or additions to existing structures situated on lots exceeding 1,000 square feet of land, shall be required to comply with the following recycling requirements:
1.
The applicant shall be required to submit to the Planning Board a recycling plan that shall be in compliance with the Township, County, and State recycling requirements. Said plan shall require the applicant to provide for the source separation of recyclable materials as defined in the Somerset County Recycling Plan and for the private collection of same. As part of the plan, all leaf collection from the site shall be transported to approved composting facilities within the County as designated in the County plan, provided, however, that if a bi-county facility exists, the transportation of leaves shall be to said facility.
2.
The applicant shall be required to provide written notification to all purchasers or lessees of the subject property. Said notification shall include all requirements for source separation together with the method of collection and the nature of recyclable materials to be collected. The applicant shall certify to the Township Engineer that such notification has been given, along with a copy of same.
3.
The applicant shall provide in its plan for the requirement of annual written documentation provided to the recycling coordinator of the total tonnage recycled and the location or locations of deposit of materials.
§ 13-518 NEWSRACKS.
[Ord. #88-14, § 2; Ord. #94-08, § 1]
Newsracks, subject to such licensing and regulatory provisions of the Township Ordinances are only permitted in:
a.
The OR Zone, but not within two hundred fifty (250') feet of a zone boundary;
b.
The VN Zone, but only upon any lot lawfully developed and used solely for nonresidential uses, and not within one hundred (100') feet of any lot used solely for residential purposes;
c.
Any area lawfully developed and used for a planned unit development but not within two hundred fifty (250') feet of any building used solely for residential purposes.
§ 13-519 PRINCIPAL BUILDING.
[Ord. #90-17, A9; Ord. #94-26, § 9; Ord. #98-10, § 7; Ord. #99-07, § 4]
No more than one principal building shall be permitted in the R-1/4, R-1/2, R-1, R-3, R-10, VN-2, and OP Districts. However, more than one principal building shall be permitted in the OR, OR-V, MF, and VN districts and within the PUD and PRD option areas.
§ 13-520 SATELLITE DISH ANTENNAS.
[Ord. #92-27, § 2]
a.
In order to maintain a desirable visual environment throughout Bedminster by preserving and promoting the rural and historical characteristics of the Township, it is the intention of this section that the installation of satellite dish antennas be in as inconspicuous and unobtrusive a manner as reasonably possible.
b.
Installation or construction of satellite receiving station dish antennas shall be subject to the following requirements:
1.
Review and approval by the Township Engineer, Planning Board Chairman and Zoning Officer and issuance of a satellite dish antenna permit. An applicant for a satellite dish antenna permit shall also obtain all permits required by the Uniform Construction Code, if any.
2.
A satellite dish antenna may not be placed on any lot which does not contain a permitted principal structure.
3.
A satellite dish antenna shall serve only the lot where it is located, and shall in the first instance be installed only in the rear yard area of any lot. The proposed location of a satellite dish antenna shall conform to the rear yard and side yard setback requirements for a principal permitted structure in the zone in which the property is located. If an applicant can produce objective evidence from a licensed New Jersey engineer that the rear yard location will substantially interfere with his antenna's reception capability, the applicant may then place the satellite dish antenna in alternative areas. The alternative locations, in order of priority, are:
(a)
Side yard with a minimum setback that is equal to the respective minimum zone requirements or 50% of the actual setback line; whichever is greater.
(b)
Front yard with a setback that is equal to the respective minimum zone requirements or 50% of the actual building setback line; whichever is greater.
(c)
On the pitch of the roof facing the rear yard.
4.
A satellite dish antenna shall not exceed twelve (12') feet in diameter and shall be effectively screened, except for roof-mounted antennas, with nondeciduous plantings, and, to the greatest extent possible, shall blend with the immediately surrounding area.
5.
No principal permitted structure shall have more than one satellite dish antenna. Wires and cables running between a ground-mounted antenna and any structure shall be properly installed underground in accordance with the Uniform Construction Code. Roof-mounted antennas shall also conform to the Uniform Construction Code to the extent that such Code is applicable.
6.
Portable mounted satellite dish antennas are prohibited in all zones, except for temporary periods of up to a total of six months on any lot. A satellite dish antenna permit shall be obtained for a temporary installation.
7.
Satellite dish antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas.
8.
Satellite dish antennas shall not be located closer than twenty (20') feet to any other building or structure.
c.
The application fee for a satellite dish antenna permit shall be $125 payable to the Township of Bedminster and posted with the control person in the Bedminster Township Construction Office.
§ 13-521 Airport Regulations.
[Ord. #95-2, § 5]
a.
All areas of the property disturbed during construction not utilized by building(s) or paved surfaces shall be landscaped as approved by the Planning Board or the Zoning Board of Adjustment, as the case may be, in order to help improve the visual impact of the facility and to prevent erosion and drainage problems.
b.
In order for the approving authority to ensure adequate protection of the public health, safety and welfare, the airport shall be required to adhere to all provisions of the Bedminster Land Development Ordinance including the performance standards of Section 13-509.
c.
Appropriate measures shall be taken by the airport to minimize noise and vibrations to the areas surrounding the airport. The airport and all aircraft within the airport shall comply with all Federal and State noise regulations and requirements applicable to airports of the size and class applicable to this airport.
d.
All engine run-ups required for maintenance and repair purposes shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. All post-servicing engine check, motor tune-up or maintenance areas shall be designed and/or located in such a manner as to reduce noise and vibration.
e.
Except for navigation aids as may be required by the State of New Jersey or by the FAA, such as runway end identifier lights, airport rotating beacon and taxiway and runway lights, etc., night lighting shall be arranged so as to mitigate glare and nuisance to abutting property owners.
f.
All landing, apron and other surface areas used by aircraft shall be turf, bituminous surfacing or otherwise surfaced so as to ensure safe operation and minimize dust to surrounding properties.
g.
Approvals for water, sewage and waste disposal shall be required at the time of site plan approval or as a condition of such approval.
h.
No construction of additional structures within the airport shall be permitted without site plan approval.
i.
No site plan application for airport development, expansion or construction shall be deemed complete for review unless it is accompanied by the current and complete Airport Master Plan, as approved by the appropriate Federal, State or other agency having jurisdiction over the airport, to the extent required.
§ 13-522 WIRELESS TELECOMMUNICATIONS EQUIPMENT AND FACILITIES. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 97-26, 98-03, 98-10 and 05-09.
§ 13-522.1 Purpose.
[Ord. #2010-005, § 1]
The purpose of this section is to regulate the location and placement of wireless telecommunications towers, antennas, and other equipment and facilities within the Township of Bedminster. It is also the purpose of this section, consistent with State and Federal law, to establish guidelines for the siting of wireless telecommunications towers, antennas, and other equipment and facilities in order to:
a.
Preserve the scenic and historic character of the countryside which the Bedminster Township Master Plan and zoning ordinance seek to protect, including historic sites, villages and hamlets and designated scenic corridors; and
b.
Provide that such facilities are properly located, carefully designed and screened using landscaping, fencing and industry available camouflaging techniques to blend with the existing natural or built surroundings so as to minimize adverse visual impacts; and
c.
Protect and minimize the impact upon residential areas from any possible adverse impacts of towers and antennas, including through the use of stealth technology, and by encouraging the location of such equipment to nonresidential areas; and
d.
Minimize the total number of towers throughout the Township; and
e.
Strongly encourage the joint use of new and existing towers rather than the construction of additional single-use towers; and
f.
Encourage the location and siting of towers to limit, to the extent possible, the height of such towers; and
g.
Encourage users of towers and antennas to locate them in areas where any possible adverse impact on the community is minimal; and
h.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly and effectively; and
i.
Avoid potential damage to adjacent properties from tower failure through engineering, careful location and setback standards for tower structures; and
j.
This section seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless telecommunication towers.
§ 13-522.2 Definitions.
[Ord. #2010-005, § 1]
For the purposes of this section, the following terms shall have the meanings set forth below:
Shall mean any interior or exterior transmitting or receiving device mounted on a tower, building or structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals.
Shall mean the lines that connect a provider's towers and cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
Shall mean the need for additional capacity or service for State law purposes because of inadequate present capacity or service, dead spots, static and inability to place a call.
Shall mean small areas within a service area where the field of strength is lower than the minimum level for reliable service or inadequate capacity exists as determined by expert testimony in accordance with industry standards.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean, when referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
Shall mean a freestanding steel framework tower.
Shall mean any tower or antenna which has a construction permit or land use approval prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed, so long as such construction permit or land use approval is current and not expired, and including any tower or antenna on property owned, leased or otherwise controlled by the Township of Bedminster.
Shall mean any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals.
Shall mean those scenic water courses and scenic roadways identified in "Figure 14 Scenic Corridors" of the Bedminster Township 2003 Master Plan, as amended in 2005, and thereafter amended from time to time.
Shall mean man-made trees, clock towers, bell steeples, silos, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers so as to blend in with the surrounding property characteristics, by using site appropriate color for the site.
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. The term shall also include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure of the tower along with any support thereto.
Shall mean any personal wireless services as defined in the Telecommunications Act of 1996 (the "TCA"), which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging and similar services that exist or that may be developed in the future.
§ 13-522.3 Applicability.
[Ord. #2010-005, § 1]
a.
New Towers and Antennas. All towers or antennas in the Township of Bedminster shall be subject to these regulations, except as otherwise provided or grandfathered herein.
b.
Amateur Radio; Receive-Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70') feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.
c.
Preexisting Towers or Antennas. Preexisting towers or antennas shall not be required to meet the requirements of this section, other than the requirements regarding building codes and safety standards. This exception shall not apply to any expansion or intensification of a preexisting tower or antenna.
d.
Government Agencies. Communication towers or antenna owned, operated or used by the Municipal government shall be exempt from the requirements of this Section.
e.
Satellite Dish Antenna. This section shall not govern any parabolic satellite antennas.
§ 13-522.4 General Requirements.
[Ord. #2010-005, § 1]
a.
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding anything in this Chapter 13 to the contrary, a separate existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
b.
Lighting. For aesthetic and health reasons, towers shall not be artificially lighted.
c.
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Telecommunications Industries Association and the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Bedminster concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 60 days to bring such tower into compliance with such standards. Failure to bring towers and antennas into compliance with such codes and standards within 60 days shall mean that the Township may, consistent with due process requirements, avail itself of any and all legal or equitable remedies, to seek the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.
d.
Signs. No signs shall be allowed, with the exception of warning signs or other signs required by Federal, State or local law.
e.
Multiple Antenna/Tower Plan. The Township of Bedminster encourages the users of towers and antennas to collocate antennas when technically feasible. Applications for approval of collocation sites shall be given priority in the review process, including deference in the granting of appropriate waiver requests pursuant to subsection 13-522.14.
f.
Compliance with Radiation Emission Standards. At the time of its application for development, the applicant shall demonstrate that the proposed antenna and related structures and equipment complies with all applicable State and Federal regulations of electromagnetic radiation levels.
§ 13-522.5 Permitted Use/Antennas.
[Ord. #2010-005, § 1]
a.
Notwithstanding anything in this Chapter 13 to the contrary, the installation or collocation of wireless telecommunications antennas on existing business, industrial, office or institutional structures, subject to site plan approval pursuant to the requirements set forth in under Section 13-803 of this chapter, and consistent with the visual compatibility requirements of subsection 13-522.7 below, shall be a permitted use in all nonresidential and mixed use zone districts, provided that:
1.
The antenna does not exceed ten (10') feet more than the maximum building height for the zone wherein the structure is to be located; and
2.
The antenna complies with all applicable FCC regulations; and
3.
The antenna complies with all applicable building codes; and
4.
The antenna is designed through stealth technology to minimize or eliminate visual obtrusiveness to adjacent residential properties; and
5.
The structure upon which the antenna is to be located meets all applicable zoning and bulk requirements and standards, or an appropriate variance is granted.
To minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, subject to the requirements herein. |
b.
Notwithstanding anything in this Chapter 13 to the contrary, the installation of wireless telecommunications towers shall not be a permitted use in any residential zone districts of this Township.
c.
Wireless telecommunications antennas or towers located on property owned, leased or otherwise controlled by the Township of Bedminster shall be a permitted use in all zone districts, provided that a license or lease authorizing such antenna or tower has been approved by the Township Committee of the Township of Bedminster, and, as a condition of any such license or lease, the Township may require site plan approval or may exempt the applicant from site approval. The decision to extend such license or lease to an applicant shall be vested solely with the Township, and shall not be governed by this section. The Township, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Nothing in this section shall be construed as requiring any applicant to locate on property owned, leased or otherwise controlled by the Township. Preexisting towers and antennas are exempt from the application of this subsection.
§ 13-522.6 Permitted Use/Towers.
[Ord. #2010-005, § 1]
a.
Notwithstanding anything in this chapter 13 to the contrary, wireless telecommunications towers not located on existing structures, consistent with the visual compatibility requirements of subsection 13-522.7, and the standards of subsection 13-522.8, shall be a permitted use within all nonresidential and mixed use zone districts of this Township.
§ 13-522.7 Visual Compatibility Requirements.
[Ord. #2010-005, § 1]
a.
All wireless telecommunications antennas and wireless telecommunications towers shall be located, designed and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of stealth technology, including color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with neighboring residences and the character of the community. Stealth tower structures shall be given preference.
b.
Towers shall either maintain a galvanized steel finish or be painted a neutral color, so as to reduce visual obtrusiveness.
c.
At the wireless telecommunications equipment building, the design of the buildings and related structures shall, to the extent possible, use materials, colors, tenures, screening and landscaping that will blend the tower facilities to the natural setting and surrounding buildings.
d.
Towers must be designed to preserve scenic vistas and views of cultural and history landmarks and of unique geographic and topographic features. Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage ridge lines shall be preserved whenever possible in locating and designing a tower. Towers shall further be designed and located to minimize impact on open space and Green Acres properties.
e.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Antennas which are flush mounted and painted to match existing structures, and antennas that are ballast mounted and also painted to match the roof area, shall be considered stealth technology uses. The related unmanned equipment structure shall be in a building consistent in style with adjacent buildings, and shall be located in accordance with the minimum accessory structure bulk requirements of the zoning district in which located. Cable to the tower should be installed underground. Trailers are not permitted. The equipment cabinet or structure used in association with antennas mounted on structures or rooftops shall comply with the following:
1.
The building or structure shall be located, designed and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of stealth technology.
2.
The building or structure shall not contain more than 1,600 square feet of gross floor area or be more than fifteen (15') feet in height.
3.
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
4.
Equipment storage buildings or cabinets shall comply with all applicable building codes.
f.
The wireless telecommunications equipment building shall not exceed ten (10') feet for flat roofs or fifteen (15') feet for pitched roofs, which shall have a minimum vertical rise of six (6") inches for every twelve (12") inches of horizontal run, and the building must blend architecturally with any existing building on the property. Pitched roofs shall be permitted only where the applicant is proposing a structure designed to blend with the local architectural context (such as rural or agriculture style).
g.
One wireless telecommunications equipment building consisting of no more than one thousand, six hundred (1,600) square feet may be erected in support of such antenna arrays provided it is:
1.
Situated behind existing structures, buildings or terrain features which will shield the wireless telecommunications equipment compound from views from off-tract properties; or
2.
When a location out of the view from off-tract properties is not possible, appropriate foundation planting shall be provided outside the wireless telecommunications equipment building.
3.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the approving authority if the goals of this section would be better served thereby. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
4.
An individual wireless carrier shall not occupy more than 400 square feet of the equipment building.
§ 13-522.8 Use Variance Standards and Required Proofs for the Location of Wireless Telecommunications Antennas or Towers.
[Ord. #2010-005, § 1]
a.
In addition to the general standards and requirements pursuant to this chapter, for the construction of wireless telecommunications antennas or towers when a use variance is sought, the approving authority shall consider all of the following factors
1.
Height of the proposed antenna or tower.
2.
Proximity of the antenna or tower to residential structures and residential district boundaries.
3.
Nature of uses on adjacent and nearby properties.
4.
Surrounding topography.
5.
Surrounding tree coverage and foliage.
6.
Design of the antenna or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
7.
Proposed ingress and egress on the property.
8.
Availability of suitable existing towers, other structures or alternative technologies, within the applicant's control and use, not requiring the use of towers or structures.
9.
Availability of proposed tower to other potential users.
10.
Whether the proposed site is particularly suited for the proposed antenna or tower.
11.
Number of residential properties impacted by the proposed antenna or tower.
12.
Impact on the surrounding residential real estate values.
b.
An applicant desiring to construct a wireless telecommunication antenna or tower that requires a use variance shall provide a sufficient showing to the satisfaction of the approving authority that it meets the following specific conditions:
1.
Need. Present documentary evidence regarding the need for wireless telecommunications antennas at the proposed location. This information shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township.
2.
Co-location. Provide documentary evidence that a good faith and thorough attempt has been made to co-locate the new antennas on existing buildings, structures, or towers that have existing wireless telecommunication antenna (sharing the location with an existing antenna(s)) within the applicant's coverage area. Efforts to secure authority to co-locate on such locations shall be documented through correspondence by or between the wireless telecommunications provider and the property owner of the existing building, structure, or tower. This requirement includes co-location on buildings, structures and towers currently being developed.
3.
Comply with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
c.
Proofs under State Law for Use Variances. Before any new wireless telecommunications antenna or tower that is not a permitted use is approved within the Township of Bedminster, the applicant must provide expert proof, to the satisfaction of the approving authority, of at least the following:
1.
That the proposed antenna or tower will fill a coverage gap in the least intrusive manner;
2.
That the applicant has made good faith and thorough efforts to investigate reasonable designs within the applicant's control and use, and alternate sites which may be less intrusive in the community;
3.
That the proposed site and facility is particularly suited and is needed for telecommunications services; and
4.
That the existence of any coverage gap has been demonstrated by drive test data or propagation maps or both.
5.
A crane test may be required by the Approving Authority to provide the public and the Approving Authority with the opportunity to view and judge the impact of the proposed tower.
d.
Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be approved unless the applicant demonstrates, through credible expert testimony, to the reasonable satisfaction of the approving authority, that no existing tower structure can accommodate the applicant's proposed antenna. To the extent possible, an applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, stealth tower structures, or other available structures. These requirements shall include towers or structures currently being developed and those subject to pending applications before the Township approving authorities. Evidence submitted to demonstrate that no existing tower structure, within the applicant's control and use, can accommodate the applicant's proposed antenna must consist of the following:
1.
Documentation regarding the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement, including copies of such agreements and all correspondence by or between the wireless provider and the property owner.
2.
That no existing towers or structures are located within the RF propagation area which meet the applicant's engineering requirements.
3.
That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
4.
That existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
5.
That the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
6.
That the applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7.
That the applicant demonstrates efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Regardless of the type and number of variances which may be required for a particular application, stealth towers, co-location with other antennas and siting upon pre-existing structures is given priority. When considering sites according to this schedule, the applicant must demonstrate that it has conducted a good faith effort to seek alternative sites that are available in the preceding priority categories in order to qualify for location in a subsequent priority category. The applicant must demonstrate that less intrusive alternative sites are not available as well with regard to the requested category.
8.
New antennas in existing structures designed to blend in with the surrounding property characteristics and to conceal view of the antennas and associated equipment from adjacent streets or rights-of-way, shall not require site plan approval. Such antennas and associated equipment shall only require the applicable Uniform Construction Code permits.
e.
Bulk Requirements. No new antenna or tower, or modification to an existing antenna or tower, shall be permitted unless the applicant shall satisfy the specific design standards enumerated below, in addition to other standards that may be required pursuant to the applicable zoning district, Construction Code, and other applicable Federal, State or municipal regulations:
1.
Height.
(a)
The maximum height of towers (exclusive of lightning rod) shall be:
For a single user: Up to 120 feet
For two users: Up to 130 feet
For three or more users: Up to 150 feet
(b)
An existing tower may be modified or rebuilt to a greater height, but not to exceed the maximum tower height set forth above.
2.
Setbacks. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:
(a)
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings to ensure public safety in the event of a collapse or fall of the tower, provided that distance is no closer than the building setback applicable to the zoning district.
(b)
Accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
No tower shall exist within required buffer or conservation easement areas.
3.
Separation distance from tower to tower.
(a)
No tower shall be within one thousand five hundred (1,500') feet of another tower. Tower separation shall be measured from the base of the tower to the base of the other tower.
4.
Access to Tower Site. The following requirement shall govern access to towers:
(a)
The access road to the tower must be curved to minimize the view of the tower building and equipment from the public right-of-way and no new road cuts are allowed if there is existing road or driveway access. No portion of the tower road or driveway access should be allowed in the required front or side yard in any zone district.
5.
In addition to the above conditions, an applicant must satisfy all other conditions for site plan approval set forth in this chapter.
§ 13-522.9 Application Requirements for the Installation of Wireless Telecommunications Antennas and Towers.
[Ord. #2010-005, § 1]
a.
Except as set forth in subsection 13-522.8d8, no wireless telecommunications antenna or tower shall be constructed or erected unless site plan approval and any and all applicable variances are obtained from the appropriate Township approving authority. The following provisions shall apply to applications for such approval:
1.
Applications for site plans, along with any required variances under this subsection, shall be subject to the procedures and requirements of Chapter 13, Land Management, of the Township Code, except as modified in this subsection.
2.
In granting site plan approval or a variance, the approving authority may impose conditions to the extent the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed antenna or tower on adjoining properties.
3.
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer of the State of New Jersey, if a licensing requirement for that professional exists in New Jersey.
4.
An applicant for site plan approval or a variance shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as established by the Township Committee of the Township of Bedminster. The application fee and escrows shall be paid as required herein.
5.
Any tower must be designed and constructed so as to accommodate at least four antenna arrays of separate wireless telecommunications providers. The approving authority may require that the tower be designed and constructed so as to accommodate up to four antenna arrays of separate wireless telecommunications providers where such accommodation is technically feasible.
b.
In addition to any and all information required for applications for site plan approval or a variance pursuant to this Chapter, applicants for approval for the construction or installation of wireless telecommunication antennas and towers shall submit all of the items identified on the application checklist found at the end of this Chapter, along with the following information before the application is certified as complete. Applications for site plan approvals involving collocation on existing towers or antennas on existing roofs or structures ("CETAERS") are directed to consider pursuant to Section 13-522.14 any appropriate requests for waivers.
1.
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information as required by this or other Township ordinances, or as required by the Township or Board Engineer, to enable comprehensive review of the application.
2.
Survey of the property, including a Letter of Interpretation from the New Jersey Department of Environmental Protection, signed and sealed by a land surveyor licensed in the State of New Jersey, dated no earlier than 12 months prior to the date of the application ("LOI"). An LOI is not required for CETAERS.
3.
The separation distance between the proposed tower and the nearest residential unit and/or residentially zoned property.
4.
The separation distance from other towers described in the inventory of existing sites submitted pursuant to this subsection shall be shown on an updated site plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
5.
A landscape plan showing specific landscape materials and precise locations of proposed landscaping improvements, including, but not limited to, species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced, certified by a licensed engineer or certified landscape architect.
6.
An 'Environmental Impact Study, except not required for CETAERS.
7.
A plan evidencing the development's compliance with the visual compatibility requirements of subsection 13-522.7, including, but not limited to, the architecture, aesthetics, color, camouflage, landscaping and fencing.
8.
A written report of the suitability or nonsuitability of the use of existing towers, other structures, for services to be provided through the use of the proposed new antenna or tower, except not required for CETAERS.
9.
A written report of the feasible location(s) of future towers or antennas, which may be erected by the applicant, within the Township, based upon existing physical engineering, technological or geographical limitations in the event that the proposed antenna or tower is erected.
10.
A visual study, including photographic or topographic plans, identifying a line of sight analysis detailing the view of the proposed antenna or tower from various directions and angles from adjacent areas within a seven hundred fifty (750') foot radius of the proposed antenna or tower. The analysis shall be utilized to determine buffer requirements.
11.
Documentary and expert evidence regarding the need for the tower, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Township. The evidence shall include a report of the radio frequency engineering analysis of the search area for the tower.
12.
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code, including a description of the number and type of antennas it is designed to accommodate.
13.
A statement by the applicant demonstrating that construction of the tower will accommodate co-location of additional antenna for future users. If so, a letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
14.
Elevations of all existing and proposed structures, generally depicting all existing and proposed antennas, towers, platforms, finish materials; and all other accessory equipment.
15.
A copy of the lease (with confidential or proprietary information redacted) or deed for the property.
16.
Inventory of Existing Sites. Each applicant shall provide to the approving authority an inventory of its existing towers and antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Bedminster or within three miles of the proposed tower site, whichever is more extensive, including specific information about the location, height and design of each tower. The approving authority may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township of Bedminster; provided, however, that the approving authority is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
17.
Identification of the entities providing the backhaul network for the antenna and/or tower described in the application and other cellular sites owned or operated by the applicant in the municipality.
18.
Documentation of the results of any crane test undertaken for the proposed tower, including a line-of-sight survey and photographic resulting of the crane test with regard to the potential visual and aesthetic impacts of the proposed tower. Such documentation must establish the zone of visibility of the proposed tower.
19.
Photosimulations of the proposed tower, which shall include at least one photosimulation from at least four angles of view of the tower (from the north, east, south and west), taken from ground level at the property line of the proposed site of the tower. Photosimulations presented to the approving authority shall be in color and a minimum of eight inches by eleven inches (8" x 11") in size.
§ 13-522.10 Antenna or Tower Modifications.
[Ord. #2010-005, § 1]
Whenever wireless telecommunication antennas or towers are modified, operators of wireless telecommunications facilities shall provide to Bedminster Township a report from a qualified expert certifying that the wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Uniform Construction Code.
§ 13-522.11 Abandoned/Discontinued Antenna or Tower.
[Ord. #2010-005, § 1]
a.
Operators of wireless telecommunications facilities shall, as set forth in subsection 13-522.11b, notify the Township when the use of such antenna and equipment is discontinued.
b.
Any antenna or tower that is not operated for a continuous period of 18 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of such discontinued use or abandonment.
c.
If there are two or more users of a single tower, then this subsection shall not become effective until all users cease utilizing the tower.
d.
The Township shall condition the issuance of any permit to construct a tower or antenna on the recording by the applicant of a deed to itself with the memorializing resolution of approval annexed as a schedule thereto.
e.
Upon removal of the wireless telecommunications facilities, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
§ 13-522.12 Existing Nonconforming Antennas or Towers; Damaged.
[Ord. #2010-005, § 1]
Nonconforming antennas or towers that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in this section. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
§ 13-522.13 Application and Escrow Fees.
[Ord. #2010-005, § 1]
Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in Section 13-901 of this chapter. The applicant will deposit in an escrow account with the Township the fees that the approving authority requires to review and advise on the application, including, but not limited to, expert witnesses such as engineers, planners, appraisers, and radio frequency professionals. The approving authority shall contract and hire an attorney, engineer, planner, appraiser and radio frequency professional with expertise in the field of wireless telecommunications to review and advise on each application subject to this section.
§ 13-522.14 Waivers.
[Ord. #2010-005, § 1]
Pursuant to N.J.S.A. 40:55D-10.3, an applicant may request that one or more submission requirements be waived, in which event, the Board shall grant or deny the request within 45 days. Waiver requests for collocation and antennas on existing roofs and structures will be subject to liberal consideration.
§ 13-523 RESIDENTIAL SITE IMPROVEMENT STANDARDS.
[Ord. #97-33, § 2; Ord. #97-44, § 1]
a.
The New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1 et seq. shall apply to all residential projects within Bedminster Township.
b.
All residential projects shall be constructed with granite block curbing.
c.
Corrugated metal pipe is not an approved material for drainage improvements in a residential project.
§ 13-524 GOLF COURSE/CLUB REGULATIONS.
[Ord. #98-33, § 6; 2000-04, § 1; Ord. #2001-04, § 1; Ord. #2001-12, § 1; Ord. #2008-07, §§ 4—9]
a.
All golf course/clubs shall be designed and constructed to conform to the following standards:
1.
The standards contained within Section 13-524 shall apply to any construction of a new golf course/club or any physical alteration to any existing golf course/club.
2.
The tract and/or tracts on which the golf course/club is constructed shall comprise at least 250 acres for the first 18 holes, and an additional 100 acres for each additional nine holes.
3.
Where existing buildings are available for adaptive reuse as suites and/or rooms of overnight lodging for the exclusive use of golf course/club members and their guests. Such rooms/suites shall be permitted at a rate not to exceed one room/suite per golf hole, and in no case more than 18 rooms/suites per golf course tract, regardless of the number of holes, and such rooms/suites shall be located exclusively in the clubhouse or a building or buildings existing prior to golf use of the tract.
4.
The length of the golf course shall be not less than 6,750 yards for the first 18 holes, and an additional 3,500 yards for each additional nine holes.
5.
Where a golf course/club is to be developed as part of a community of single-family homes, the tract shall include at least 10 acres per single-family dwelling in addition to the acreage required in subsection 13-601.9a1 above. Single-family dwellings may be constructed in such a community according to the lot size averaging provisions of subsection 13-401A.7.
6.
Where a golf course/club is traversed by existing equestrian trails, existing equestrian trails shall be identified and mapped on the tract and within one hundred (100') feet thereof, and such easements shall be provided as required to connect any relocated portions of the existing equestrian trail networks in a safe and appropriate manner. New or preserved equestrian trails shall be maintained or established on any tract proposed for the construction of a new golf course. Such trails shall promote connectivity among adjacent lots and be included within equestrian trail easements and shall be located to avoid conflicts with golf or vehicular activity.
7.
An on-site sanitary sewage treatment facility is permitted provided that it is consistent with the Somerset County/Upper Raritan Watershed Wastewater Management Plan as endorsed by Bedminster Township. Any golf course which utilizes an on-site sanitary sewage treatment facility shall serve only the golf course use and related accessory uses with the sanitary sewer system.
8.
All aspects or portions of a golf course shall be arranged so that they are located solely on the golf course property and are not located on any single-family residential lots. Golf courses shall not be located within easements on single-family residential lots.
9.
Membership shall not exceed 350 members for the first 18-hole course with a length of at least 72 par, and additional members shall be permitted in proportion to the ratio to par 72 of the par length for any additional holes, and admission to the golf course/club shall be limited to members and guests, except for activities authorized under a special use permit issued pursuant to Section 13-1006, unless otherwise authorized under a permit for special equestrian and golf events pursuant to Section 3-12. For purposes of this subsection, the term "par" shall be as established and/or approved by the U.S. Golf Association.
10.
No soil disturbance or construction of golf course features (greens, tees, fairways, cart paths or buildings) shall be permitted within any trout production watershed or trout maintenance watershed as identified on the map entitled "Environmental and Historic Infrastructure for Greenways in Bedminster" in Subpart 5C of the Bedminster Master Plan.
11.
The golf course/club shall be designed to preserve or improve one acre of land in a natural state for every acre of the footprint of development of the golf course, including all land devoted to tees, greens, fairways, primary rough, driveways, parking areas, cart paths, buildings and other structures on the golf course. The preserved acreage shall be located with a priority for preservation of existing mixed deciduous wooded areas, maintenance or expansion of grassland habitat and restoration of degraded stream corridors. No more than 25% of the total acreage of the tract shall be cleared, and any clearing beyond 15% of the total acreage of the tract shall be mitigated by replacement with native trees and shrubs elsewhere on the tract. Priority for such replacement shall be given to locations where stream corridors are not shaded by vegetation at the time of development. In no event shall the amount of clearing exceed 35% of the wooded area as shown on Figure 12 "1995 Forested Areas" in the Bedminster Township Master Plan or as otherwise depicted on the most recent aerial photographs available. The Planning Board shall consult with the Environmental Commission regarding appropriate choices for mitigation plantings.
12.
The golf course/club may include principal and accessory structures for the enjoyment of members and guests and for the maintenance of the golf course and related facilities. The clubhouse may include a bar with club license, eating facilities for members and guests provided seating is limited to 350 seats, with a maximum of 200 seats per dining room, meeting rooms and related facilities, provided such facilities are directly related to the operation of the golf course/club, and further provided that no catering shall be permitted for events other than those sponsored and operated by the golf course/club. Conference centers are specifically prohibited.
13.
The golf course/club shall utilize existing buildings and structures to the greatest extent practicable.
14.
Where a golf course/club is adjacent to or within an open space corridor, including flood plains, open waters, stream corridors and associated buffers, linkages and conservation areas as provided in the Bedminster Township Master Plan, the golf course/club shall provide and maintain all required buffer setbacks from such features and shall provide drainage and conservation easements as required by The Revised General Ordinances of the Township of Bedminster, 1984. The golf course/club shall provide and maintain required buffer setbacks from such features to encourage natural habitat, and to protect surface water quality by shading streams and filtering pollutants from surface runoff.
15.
Where a golf course/club is situated between public recreation areas shown on the Master Plan, such walking/trail easements shall be provided as required to connect any existing or proposed pedestrian or trail networks in a safe and appropriate manner.
16.
Assurances shall be provided that all necessary utilities and services are available for the proposed development, including on-site sanitary disposal facilities, potable water and irrigation water.
17.
Two vehicular accessways shall be provided, which afford direct connections with the public roadway network. One of these accessways may be limited to emergency access, provided they are interconnected by way of a stabilized surface sufficient to allow passage by emergency vehicles.
18.
No portion of any golf tee, fairway or green shall be located closer than two hundred (200') feet to any tract boundary or public road right-of-way, except that cart paths may be located no closer than one hundred (100') feet to such boundaries or roads.
19.
The golf course shall be designed to minimize the opportunity for golf balls to be hit beyond the tract boundaries.
20.
The construction of runoff collection ponds in upland areas is required, to the greatest extent practicable, for use as stormwater management devices and as sources of irrigation water. Best Management Practices (BMP's) shall be employed to maximize recharge of surface runoff, where appropriate. Ponds shall be designed and constructed to prevent stagnation, including the use of aeration devices and other techniques to maintain pond water circulation, and all ponds that create wildlife habitat shall be considered among the "natural areas" required to be set aside pursuant to paragraph a11 above. All runoff from rain and irrigation shall be directed to flow through passive water filtration best management practices (BMP's) prior to entering any watercourse.
21.
All clearing, grading and site improvements related to the golf course/club shall conform to the requirements of Section 13-605 "Critical Areas," except that areas of play (tees, greens, bunkers) created as part of the golf course which result in new areas of steep slope shall not be deemed to violate these requirements.
22.
Soil erosion and sedimentation shall be minimized through golf course design which minimizes the need for mass grading for greens, tees and fairways, coordinated soil erosion and sediment control measures, and construction phasing which limits the extent of clearing and soil exposure prior to revegetation. The following shall be required:
(a)
An individual grading plan, sufficient to determine stormwater management requirements, shall be submitted for each hole;
(b)
A stream stabilization plan that provides that exposed areas in stream corridors will be seeded and adequate ground cover shall be in place to protect against erosion prior to any upgradient disturbance;
(c)
The construction of golf holes shall be phased within drainage subbasins to assure that sedimentation and erosion are minimized;
(d)
A municipal monitoring committee may be established to conduct periodic on-site inspections and meetings, when deemed necessary by the Planning Board.
23.
A vegetated buffer at least one hundred (100') feet wide, consisting of native trees, shrubs, and ground covers, shall be provided and/or maintained between any turf area which will be treated with fertilizers or pesticides and the top of bank of any blue line stream as shown on the U.S.G.S. Survey or any lake, pond, or other open water body with a water surface area of 10,000 square feet, on or off site.
24.
An Integrated Turf Management Plan and an Integrated Pesticide and Pest Management Plan shall be provided, which is specific to the operation and maintenance of the proposed golf course/club. These plans shall be prepared in accordance with guidelines established by the New Jersey Department of Environmental Protection (NJDEP), and shall take into account guidelines promulgated by the United States Golf Association (USGA) and the Golf Course Superintendents' Association of America (GCSAA). These plans shall also utilize Best Management Practices (BMPs) to prevent and/or minimize adverse impacts of the golf course on groundwater and surface water resources.
25.
Assurances shall be provided that any adverse impacts on surface water and groundwater, which result from operation of the golf course/club, will be mitigated by the owner(s). Monitoring of surface water and groundwater quality and quantity shall be provided by the owner(s) according to a plan prepared specifically for the proposed golf course/club, and approved by the reviewing Board, in consultation with the Environmental Commission and the Board of Health. Water table monitoring shall also be provided, using continuous water table monitoring equipment (data log). Such monitoring program shall detail the type, timing and frequency of testing, as well as identify the specific chemical parameters to be tested, and shall be established at the time the Integrated Turf Management Plan and the Integrated Pesticide and Pest Management Plans are approved by the reviewing Board. The monitoring program shall be consistent with the guidelines established for monitoring plans established by the New Jersey Department of Environmental Protection (NJDEP), Bureau of Water Quality Analysis. The results of such water quality monitoring shall be submitted by the owner(s) to the Bedminster Township Board of Health and Planning Board within 30 days of receipt of such results by the owner(s). The golf course owner/operator shall pay for all costs incurred by the Township to hire outside consultants to assist the Township, the Board of Health or their designee with ongoing review and approval of any such monitoring plans. Such ongoing monitoring shall include, but is not limited to, the approved surface water and groundwater monitoring plan, the Integrated Turf Management Plan and the Integrated Pesticide and Pest Management Plan approved for the golf course.
26.
A water use budget and water recycling plan shall be prepared, which is specific to the proposed golf course/club. This plan shall detail the source of potable and irrigation water, the projected amounts which will be required and the water supply capacity of any aquifer from which such water will be withdrawn, as outlined in the Land Oriented Reference Data System (LORDS), Bulletin 74, NJ Geological Survey, Bureau of Geology and Topography, Division of Water Resources, NJ Department of Environmental Protection (August 1974). Any aquifer test plan submitted to NJDEP shall also be submitted simultaneously to the Bedminster Township Board of Health and Planning Board.
27.
Following the installation of any well intended to serve as a water supply source for the golf course/ club, and prior to the issuance of a certificate of occupancy, a pump test shall be conducted at the maximum projected pumping rate, to assess the impact(s) on other well users in the vicinity. The results of this test shall be used to project the cone-of-depression for production wells, and to determine whether existing wells will be adversely affected. If adverse effects on existing wells are projected, alternative water supply sources shall be required for the golf course/club.
28.
Waterway crossings shall be limited to the minimum number that can be demonstrated to be essential to the operation of the course. Wherever a waterway crossing is proposed, such crossing shall be designed to minimize the removal of trees and other shading vegetation, and all crossings shall be bridged, not designed with culverts.
29.
Clearing, grading and other disturbances shall be designed to avoid the nesting, breeding and feeding areas of endangered and threatened animal species, and to avoid the locations of endangered and threatened plant species, and to provide protection for locally important species of plants and animals.
30.
Grasses selected for use on a golf course should be drought and pest resistant to minimize the use of pesticides and irrigation.
31.
Where a golf course/club will involve the construction of on-site wastewater treatment facilities, reclaimed wastewater shall be land applied for irrigation to the greatest extent practicable.
32.
Exterior site lighting should be minimized, and shall be limited to safety and security needs and shielded, and there shall be no spillover of lighting beyond the tract boundaries.
33.
Sufficient on-site parking shall be provided to satisfy the reviewing Board that the demand for parking can be met at the facility, and all areas designated for parking shall be located at least two hundred (200') feet from any tract boundary.
34.
Silt fence and/or hay bales shall be installed at the base of all cut or fill slopes in excess of five (5') feet with a slope greater than 15%.
35.
Wherever deemed feasible by the Township Engineer, sediment basins shall be designed into the soil erosion and sediment control plan. These sediment basins shall be designed in accordance with the New Jersey Standards for Soil Erosion and Sediment Control.
36.
Intermediate rows of silt fence shall be installed on the site to ensure that the drainage area to any section of silt fence shall not exceed two acres.
37.
Any non-point pollution control measures that are required as part of the development plan shall be installed during the first phase of the construction.
38.
The applicant shall demonstrate that the type of golf carts to be used, along with proposed maintenance activities (wash-down runoff, spill containment, etc.) are representative of best environmental practices.
39.
Practice facilities including driving ranges shall only be permitted when part of a golf course with an approved site plan. No such facilities shall be lighted, and no netting or other protective structures shall be provided as part of any driving range.
40.
In the interest of preserving the scenic vistas and preserving the agrarian character of roadside views, an aesthetic impact analysis shall be prepared, assessing the visual impact of the golf course on the viewshed and rural character attributes of the site and its surroundings, as observed from public roadways and waterways. Photographic simulations and three-dimensional terrain modeling shall be used, where appropriate, to illustrate the topographic and landscape alterations that will be visible from public roadways and waterways.
42.
Any approved golf course site plan shall be submitted in Geographic Information System (GIS) format.
§ 13-525 SCHOOLS, OPEN AIR CLUBS AND HOUSES OF WORSHIP.
[Ord. #99-15, § 4]
a.
To ensure the compatibility with residential neighbors, any permitted school, open air club, or house of worship shall be subject to the following further limitations.
1.
Sites shall designate sufficient parking to meet present needs and reserve future areas to fully satisfy the requirements for all buildings and activities as provided in this chapter. Site plan approval shall be required for all building additions or changes of activity. Parking arrangements shall provide for adequate mitigation of off-site parking impacts at peak periods.
2.
Parking areas shall be set back from property lines a distance equal to the required front setback for dwellings in the district and no closer to the street than the closest point of the principal building.
3.
In residential districts, architectural style and site appearance shall be consistent with the character of Master Plan designated scenic roadways, other nearby structures and the district character.
4.
In areas outside Historic Districts and Historic Overlay Areas, applicants shall obtain the advisory review of the Historic Preservation Commission.
§ 13-526 Resource Conservation Calculations.
[Ord. #05-18 § 2]
This section is to be used to compute the total area of a tract that is suitable for development after subtracting identified resource conservation areas. It is designed to establish minimum gross lot areas as well as the maximum permitted density of residential development or intensity of nonresidential development, and will assist in guiding, to the greatest extent practicable, all development activities to suitable area(s) of that tract.
a.
Applicability. The calculations required in paragraphs b and c below shall be submitted as part of any conceptual plan for informal review, or any minor or major subdivision or site plan application. These requirements shall not apply to requests for construction permits for permitted uses and structures on existing lots-of-record, if no subdivision or site plan approval is required.
b.
Resource Conservation Factors — Maximum Tract Yield. The Maximum Tract Yield Calculation Form shall be prepared by the applicant and submitted to the Board, along with a map of the entire tract illustrating natural resource features including flood plains, wetlands, NJDEP-required wetlands transition areas, stream channels, stream corridors, areas of slopes greater than 15% but less than 25% and areas of slopes 25% and greater.
RESOURCE CONSERVATION AREA MAXIMUM TRACT YIELD CALCULATION FORM | ||||
|---|---|---|---|---|
Column A Acres | Column B Resource Conservation Ratio | Column C Acres | ||
1. | Gross Tract Area | |||
2. | Area of existing conservation easements or deed restrictions, where such easements and/or restrictions were imposed as a condition of subdivision or site plan approval | |||
3. | Adjusted Gross Tract Area (Line 1 less Line 2) Resource Conservation Areas: (see Notes (a) and (b)) | |||
4. | Bodies of water, area of flood plains, wetlands, stream corridors | 1 | ||
5. | Area of slopes 25% and greater based on 10' contour intervals | 1 | ||
6. | Area of slopes greater than 15% but less than 25% based on 10' contour intervals | 0.75 | ||
7. | NJDEP-required wetlands transition areas | 0.75 | ||
8. | Area of 300' buffer to category 1 Waters | 0.5 | ||
9. | Total Deductible Resource Conservation Area (sum of Column C, Lines 4 through 8) | |||
10. | Net site area adjusted for Resource Conservation Areas (Line 3 Less Line 9) | |||
11. | Maximum permitted density or floor area ratio | |||
12. | Maximum permitted number of principal dwelling units or non-residential floor area (Line 10 multiplied by Line 11) (see Note (c)) | |||
Notes: | |
|---|---|
(a) | Enter appropriate acreage in Column A, multiply column A by factor in Column B and place result in Column C. |
(b) | When resource conservation areas overlap, enter the affected acreage on the line with the higher resource conservation factor and do not include it in the calculation of the resource conservation area having the lower factor. Do not double-count resource conservation acreage. |
(c) | Round down to the nearest dwelling unit or square foot. |
c.
Resource Conservation Factors — Minimum Gross Lot Area Calculations. The Minimum Gross Lot Area Calculation Form shall be prepared by the applicant and submitted for each proposed lot, along with a map of the proposed lot illustrating natural resource features including flood plains, wetlands, NJDEP-required wetlands transition areas, stream channels, stream corridors, areas of slopes greater than 15% but less than 25% and areas of slopes 25% and greater.
RESOURCE CONSERVATION AREA MINIMUM GROSS LOT AREA CALCULATION FORM | ||||
|---|---|---|---|---|
Column A Acres | Column B Resource Conservation Ratio | Column C | ||
Resource Conservation Areas: (see Notes (a) and (b)): | ||||
1. | Bodies of water, area of flood plains, wetlands, stream corridors | 1 | ||
2. | Area of existing conservation easements or deed restrictions, where such easements and/or restrictions were imposed as a condition of subdivision or site plan approval | 1 | ||
3. | Area of slopes 25% and greater based on 10' contour intervals | 1 | ||
4. | Area of slopes greater than 15% but less than 25% based on 10' contour intervals | 0.75 | ||
5. | NJDEP-required wetlands transition areas | 0.75 | ||
6. | Area of 300' buffer to category 1 Waters | 0.5 | ||
7. | Total Deductible Resource Conservation Area (sum of Column C, Lines 1 through 6) | |||
8. | Minimum Lot Area required per Article 13-400 | |||
9. | Minimum Gross Lot Area adjusted for Resource Conservation Areas (Line 7 plus Line 8) | |||
Notes: | |
|---|---|
(a) | Enter appropriate acreage in Column A, multiply column A by factor in Column B and place result in Column C. |
(b) | When resource conservation areas overlap, enter the affected acreage on the line with the higher resource conservation factor and do not include it in the calculation of the resource conservation area having the lower factor. Do not double-count resource conservation acreage. |
§ 13-527 SOLAR PHOTOVOLTAIC ENERGY SYSTEMS.
[Ord. #2013-013 § 6]
a.
In order to maintain a desirable visual environment throughout Bedminster by preserving and promoting the rural and historical characteristics of the Township, it is the intention of this section that the installation of solar photovoltaic energy systems be installed in as inconspicuous and unobtrusive a manner as reasonably possible.
b.
Roof-Mounted Solar Photovoltaic Energy Systems. Installation or construction of roof-mounted solar photovoltaic energy systems shall be subject to the following requirements:
1.
A roof-mounted solar photovoltaic energy system may not be placed on any lot which does not contain a permitted principal structure. A roof-mounted system may be installed upon permitted principal and accessory buildings.
2.
A roof-mounted solar photovoltaic energy system shall serve only the lot where it is located. All supporting equipment, such as transformers, inverters, power line interconnections, etc. shall in the first instance be installed only in the rear yard area of any lot. The proposed location for all supporting equipment shall conform to the rear yard and side yard setback requirements for a principal permitted structure in the zone in which the property is located (and in no case shall be located in the front yard). If an applicant can produce objective evidence from a licensed New Jersey engineer that supporting equipment cannot be feasibly located in the rear yard location, the applicant may then place supporting equipment in alternative areas, as follows:
(a)
Side yard with a minimum setback that is equal to the respective minimum zone requirements or 50% of the actual setback line; whichever is greater.
3.
Roof-mounted solar photovoltaic energy system panels shall not extend above the existing height of the roof, (1) more than twelve (12") inches on structures with pitched roofs with 3% slope or greater, or (2) more than twenty-four (24") inches on structures with flat roofs (flat roof shall be defined as a roof pitch less than 3% slope).
4.
All solar photovoltaic equipment shall be effectively screened from public view, except for roof-mounted solar photovoltaic panels as permitted herein, with indigenous deer resistant evergreen plantings, and, to the greatest extent feasible, shall blend with the immediately surrounding area.
5.
All supporting equipment shall not be located any closer than twenty (20') feet to any other building or structure.
6.
Electrical wiring extending between roof top-mounted solar panel arrays, system transformers, inverters, and buildings shall be installed underground.
(a)
A power disconnect and system shut-down device accessible to emergency services personnel shall be installed and marked conspicuously with a sign, which shall identify an emergency contact person and an emergency contact telephone number. The property owner shall make the property available to local emergency first responders for annual training on power disconnect and system shut down procedures that may be required in the case of an emergency. System diagrams shall be provided to local emergency first responders upon installation and updated when alterations to the system are completed.
7.
Installations proposed within a designated historic district or on a historic site shall be subject to the provisions of Section 13-1806.
c.
Parking Lot Roof Canopy-Mounted Solar Photovoltaic Energy Systems. Installation or construction of roof canopy-mounted solar photovoltaic energy systems shall be subject to the following requirements:
1.
Site plan approval is required (see subsection 13-802.2a).
2.
An applicant for a parking lot roof canopy-mounted solar photovoltaic energy system shall obtain all permits required by the Uniform Construction Code.
3.
Parking lot roof canopy-mounted solar photovoltaic energy systems shall be constructed above existing parking spaces and shall conform to setback requirements for parking for the zone in which the system is to be located.
4.
The parking lot roof canopy-mounted solar photovoltaic energy system shall serve only the lot upon which it is located and may not serve any other lot either in common ownership or otherwise. All supporting equipment, such as transformers, inverters, power line interconnections, etc. shall be installed only in the rear or side yard area of any lot.
5.
The proposed location for all supporting equipment shall conform to the rear yard and side yard setback requirements for an accessory building in the zone in which the property is located (and in no case shall be located in the front yard).
6.
Electrical wiring extending between solar panel arrays, system transformers, inverters, and buildings shall be installed underground.
(a)
A power disconnect and system shut-down device accessible to emergency services personnel shall be installed and marked conspicuously with a sign, which shall identify an emergency contact person and an emergency contact telephone number. The property owner shall make the property available to local emergency first responders for annual training on power disconnect and system shut down procedures that may be required in the case of an emergency. System diagrams shall be provided to local emergency first responders upon installation and updated when alterations to the system are completed.
7.
Installations proposed within a designated historic district or on a historic site shall be subject to the provisions of Section 13-1806.
d.
Ground-Mounted Solar Photovoltaic Energy Systems. Where permitted, a ground-mounted solar photovoltaic energy system may be installed subject to the following requirements:
1.
Accessory to principal permitted use.
(a)
A ground-mounted solar photovoltaic energy system shall not be constructed on any lot which does not contain a permitted principal structure.
(b)
A ground-mounted solar photovoltaic energy system shall serve only the permitted principal structure and permitted accessory buildings located on the tax lot upon which the energy system is located.
2.
Nonresidential and commercial agricultural ground-mounted solar photovoltaic energy systems shall require site plan approval.
3.
Issuance of a Construction Permit. An applicant for a ground-mounted solar or photovoltaic energy system permit shall obtain all permits required by the Uniform Construction Code (UCC).
4.
Access. No new driveway access shall be created. Access shall be provided utilizing existing driveways. Any interior access road required between and among ground-mounted solar photovoltaic energy system arrays and components shall be designed as grassed roadways to minimize the extent of soil disturbance, water runoff and soil compaction.
5.
Maximum Height. The maximum height of solar panel arrays from existing ground level shall not exceed six (6') feet. System components shall not exceed the maximum permitted height for an accessory structure in the zone in which located.
6.
Yard Placement and Visual Buffering. All components of a ground-mounted solar photovoltaic energy system (solar panel arrays, supporting equipment including transformers, inverters, electric utility line connections, etc.) shall be installed only in the rear yard area and shall not be located closer to the side property line than the existing side yard setback of the principal building upon the lot, subject to the following visual compatibility, placement and design standards.
(a)
The ground-mounted system and its components shall be shielded by landscaped screen buffering plantings around the perimeter of the facility. The buffer shall screen the system from view from adjoining residences, preserved open space and farmland, the public traveled way, including public rights-of-way, roads and publicly accessible trails, and commonly traveled ways, such as, but not limited to bridle paths.
(b)
Perimeter Landscaped Screen Buffer. Landscaped screen buffer plantings shall be indigenous evergreen species for year-round screening, which shall conform to the requirements of subsection 13-804.2t1(a), (c) and (d), which shall grow to sufficient height within five years to completely screen the system from off site view. The landscaped screen buffer plantings shall be continually maintained to provide a permanent visual screen of the facility.
(c)
Where existing features may effectively serve to shield portions of the installation and its components from view, such features may be substituted for portions of the required perimeter landscaped buffer. Such features include, but are no limited to:
(1)
Existing hedgerows or forested areas, which may be supplemented with additional plantings to achieve year-round effective visual screening of the installation and its components;
(2)
Existing buildings, such as barns, garages, greenhouses, outbuildings, etc.
(3)
Existing topographic features or structures such changes in elevation, ridgelines, retaining walls and similar features.
(4)
Where any of the above features may be substituted for the required perimeter landscaped buffer, such features shall be maintained for as long as ground-mounted solar or photovoltaic energy system remains on site. Where such features may be removed over time by will or act of God, the required perimeter landscaped buffer shall be provided within either two months of the removal of such features.
7.
Critical Areas. No portion of a ground-mounted solar photovoltaic energy system (solar panel arrays and supporting equipment such as, but not limited to transformers, inverters, power line interconnections, etc.) shall be located in a Critical Area as defined in Section 13-605.
8.
Farm Soils. Ground-mounted solar photovoltaic energy system shall be limited upon Prime Agricultural Soils or Soils of Statewide Importance as defined by the USDA Natural Resources Conservation Service and or within areas identified in an "Agricultural Development Area" to the minimum area practicable to accommodate an accessory solar photovoltaic energy system. Construction and installation of any energy system shall be designed to minimize any adverse impacts on the productivity of the soil and farm operations.
9.
Solar Panel Array Ground-Mounting. To minimize land disturbance and facilitate future site rehabilitation, solar panel arrays shall be mounted to the ground through the use of earth screws, auger driven piers or a similar system that does not require the use of bituminous or concrete material.
10.
Grading. The ground-mounted system and its components should be designed to follow the natural topography to the greatest extent possible to minimize the disturbance of soils.
11.
Soil Erosion Control, Soil Stabilization. All ground areas occupied by the ground-mounted solar photovoltaic energy system shall be planted and maintained with shade tolerant grasses for the purpose of soil stabilization. A seed mixture of native, non-invasive shade tolerant grasses shall be utilized to promote biodiversity and natural habitat.
12.
Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from the property line.
13.
Electrical wiring extending between solar panel arrays, system transformers, inverters, and buildings shall be installed underground. A power disconnect and system shut-down device accessible to emergency services personnel shall be installed and marked conspicuously with a sign, which shall identify an emergency contact person and an emergency contact telephone number.
e.
Decommissioning, Removal, Restoration. All ground mount or parking lot canopy solar photovoltaic energy systems shall be maintained in continuous operation.
1.
Solar photovoltaic energy facilities and structures (roof or ground) which have not been in active and continuous service for a period of 18 months shall be decommissioned and removed from the property to a place of safe and legal disposal.
2.
Upon cessation of activity or abandonment, the energy system shall be decommissioned, all equipment removed and all areas disturbed to construct and operate the energy system shall be restored. The property owner shall obtain a demolition permit from the Bedminster Township Construction Official to decommission and remove the energy system and restore all areas disturbed to construct and operate the system.
3.
Removal of the system shall be conducted in conformance with UCC requirements.
4.
Solar energy system structures and equipment shall be removed and, where applicable, surface grade shall be restored.
5.
Where applicable, surface grade shall be revegetated with native seed mixes and or plant species suitable to the area, which shall not include any invasive species. Agricultural activities may be conducted in farmland areas.
6.
The lot owner shall document that system decommissioning, removal and restoration activities have been completed in accordance with the requirements of this section with a certification from Township code official(s).
§ 13-528 CORPORATE SUITES.
[Ord. No. 2017-005 § 5]
a.
All units shall provide complete housekeeping facilities for sleeping, eating, cooking and sanitation, and shall include at least 650 square feet of interior/climate controlled space.
b.
No less than 50% of the units shall be 1-bedroom units and no more than 5% may be 3-bedroom units.
c.
The facility shall include such support uses as a leasing center, housekeeping facilities, and commercial laundry.
d.
The facility shall provide support for the on-site conduct of business activities and shall include meeting and conference rooms, copy/scan/fax production capabilities, video-conferencing and telecommunications capabilities, and multimedia presentation facilities (including a theater with seating for not more than 35 people).
e.
The facility shall provide social gathering areas and facilities to meet the recreational needs of occupants and their guests including a café and vending area, lobby/lounge/gallery, fitness center, spa facilities (suitable for the support of yoga and massage services), outdoor recreational area including a pool, cabanas, fire pit and dancing area, as well as site amenities for walking and sitting.