Bedminster City Zoning Code

A construction permit for a single-family detached dwelling unit or a two family dwelling unit and/or their accessory building(s) on a lot shall not require site plan approval, except that the use of any existing or proposed principal or accessory building for a "home office occupation" as defined and permitted by this chapter shall require minor site plan approval prior to the issuance of a construction permit or certificate of occupancy.

Any change of use from one permitted nonresidential use to another permitted nonresidential use shall not require site plan approval if both the Township Engineer and Zoning Officer stipulate to the Board that the existing site development meets the requirements of this chapter for the new use and that the new use will not create or continue any adverse effects upon neighboring properties which, in the opinion of the Township Engineer and Zoning Officer, cannot be rectified. Such change in use shall require the completion and submission of a Change of Use/ Occupancy Form and the payment of a fee as set forth in Section 13-901i of this chapter. A certificate of occupancy shall be issued for a change of use as described herein, except that if no repairs or renovations requiring a building permit are performed in connection with such change of use, a certificate of occupancy fee shall not be charged in addition to the change of use/occupancy fee as set forth in Section 13-901i of this chapter.

Barns, sheds and silos erected for agricultural purposes shall not require site plan review unless required by the Construction Official or Zoning Officer.

Waiver of Requirements. The Planning Board or Board of Adjustment may waive all or part of the requirements of this article relative to modifications of site plans. The Board may grant such a waiver if it finds that the proposal is of such a minor nature that the consideration of a complete amended site plan is not necessary. If the waiver is granted, a statement of the reasons for the decision shall be made part of the record of the Planning Board or Board of Adjustment. In support of the request for waiver, the applicant shall submit a plan and such other information as is believed necessary for the Planning Board or Board of Adjustment to make an informed decision on the application for development. The Township Engineer, in his sole discretion may require submission of additional data, modification of originally submitted data and that the application be reviewed by any other appropriate Board, Commission and Committee, as a requirement of the waiver request prior to Board review. The Planning Board or Board of Adjustment may approve or deny the waiver request as submitted or, in its sole discretion, require the submission of further data. The applicant shall notice the request for waiver hearing date as required by the Municipal Land Use Law. In the event the Planning Board or Board of Adjustment approves a site plan waiver, it will notice its decision in accordance with the requirements of the Municipal Land Use Law.

Certain Developments Exempted From Site Plan Approval Requirements. The following provides the developments that are exempt from site plan approval and the process to obtain such an exemption:

All subdivision and site plan applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of subsection 13-804.3 hereinafter. The applicant may request a waiver of this requirement, either in whole or in part; provided, that the applicant states in writing the basis for the waiver and that the request has attached thereto the recommendation of the Environmental Commission to the Planning Board concerning the requested waiver.

In the event that an application for development requires an approval by a governmental agency other than the Board, the Board shall, in appropriate circumstances, condition its approval upon the subsequent approval of such governmental agency, provided that the municipality shall make a decision on any application for development within the time period provided in this chapter, or within an extension of such period as has been agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by operation of law.

All applications for variance relief to the Board of Adjustment not involving or associated with any related site plan, subdivision or conditional use approval shall be filed at least 21 days prior to the next regularly scheduled monthly meeting of the Board. The filing shall include 20 copies of any maps and related materials; 20 completed copies of the appropriate application form(s), which include the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and the fee in accordance with Article 13-900 of this chapter. The Board shall act upon the application as stipulated by law.

Except as provided in paragraph d below, any variance from the terms of this chapter granted by the Board of Adjustment (i) under subsection 70d of the Municipal Land Use Law, or (ii) under subsection 70c of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) not involving or associated with any related site plan or subdivision approval, shall expire by limitation, unless a construction permit for any construction or alteration relative to such variance shall have issued or unless such approved use has actually commenced within 12 months from the adoption of a memorializing resolution by the Board of Adjustment.

Except as provided in paragraph d below, any variance granted by the Board of Adjustment or Planning under subsection 70c of the Municipal Land Use Law involving or associated with any related site plan or subdivision approval, shall expire by limitation, unless a construction permit for any construction or alteration relative to such variance and/or subdivision or site plan approval shall have issued within the statutory periods of protection provided by sections 46.1, 47, 49 and 52 of the Municipal Land Use Law, as such statutory periods of protection may be extended by the appropriate approving board.

Notwithstanding the above, the running of the period of variance protection herein provided shall be tolled (i) from the date of filing of an appeal from the grant of a use variance by the Board of Adjustment to the Township Committee pursuant to Section 13-707 of this chapter, or (ii) the date of filing of an appeal to a court of competent jurisdiction until the termination, in any manner, of such appeal or proceeding, or (iii) during the pendency of any legal action or while any directive or order remains in effect pursuant to section 21 of the Municipal Land Use Law.

No construction permit, once issued, shall be renewed without the approval of the board which granted the initial variance.

A variance approval may be extended no more than 12 additional months beyond the expiration of the variance upon a finding by the initial approving board, at a duly noticed public hearing, that the character of the neighborhood, the general hardship, special reasons or other findings of fact upon which basis the variance was initially granted have not changed in the interim.

At the request of a developer, the Planning Board shall grant one informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development.

The developer shall not be required to submit any fees for the one informal review by the Planning Board; however, no professional review(s) will be undertaken of any concept plat or concept plan unless the developer agrees to pay for said review(s) and establishes an escrow account and pays the fees in accordance with Section 13-901 of this chapter.

The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

A developer desiring to have a concept plan informally reviewed by the Planning Board shall so notify the Administrative Officer at least 14 days prior to the next regularly scheduled monthly meeting of the Planning Board. The Administrative Officer shall thereafter notify the developer of the time and place which has been scheduled by the Planning Board for the informal review.

A key map showing the entire tract and its relation to the surrounding area, at a scale of one (1") inch equals not more than two thousand (2,000') feet;

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

Acreage figures (both with and without areas within public rights-of-way) and north arrow;

Approval signature lines:

Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map and proposed block and lot numbers as provided by the Township Tax Assessor upon written request;

Subdivision or development boundary line (heavy solid line);

The location of existing and proposed property lines (with bearings and distances), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, and any historic features such as family burial grounds and buildings more than 60 years old, both within the tract and within two hundred (200') feet of its boundary;

The location and width of all existing and proposed utility easements;

Zoning districts affecting the tract, including district names and requirements, with proposed variance requests noted on the plat or plan;

Proposed buffer and landscaped areas;

Delineation of flood plains, including both floodways and flood fringe areas;

Contours as shown on the U.S.G.S. topographic sheets;

Marshes, ponds and lands subject to flooding within the tract and within one hundred (100') feet thereof;

Concerning minor site plans only, the names of all adjacent property owners as they appear on the most recent tax list prepared by the Township Tax Assessor;

Certificate from the Township Tax Collector that all taxes and assessments are paid to date;

Concerning minor subdivisions only, existing and proposed monuments;

For each lot not served by a sanitary sewer, approval by the Township Board of Health of percolation tests observed by the Township Health Officer and certified by a licensed professional engineer, indicating that the proposed lot(s) can adequately accommodate a septic system. The location(s) of the test hole(s), test results and compliance with the "Individual Sewage Disposal Code of New Jersey" or applicable Township Board of Health Ordinances, whichever may be more restrictive, shall be shown on the plat and certified by a licensed professional engineer;

All subdivision and site plan applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of subsection 13-804.3 hereinafter. The applicant may request a waiver of this requirement, either in whole or in part; provided, that the applicant states in writing the basis for the waiver and that the request has attached thereto the recommendation of the Environmental Commission to the Planning Board concerning the requested waiver;

No minor subdivision or minor site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the Township or other appropriate govern-mental agency;

No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter; and

Deed descriptions including metes and bounds, easements, covenants, restrictions and roadway and sight triangle dedications shall be submitted for approval prior to filing with the County Recording Officer.

A digital plan shall be submitted showing the existing and proposed lot lines, rights of way and easements. Site plan submissions shall also include the proposed buildings and surface improvements (whether public or private).

Recycling Plan pursuant to the provisions of subsection 3-11.13.

The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. The Board shall:

On the date the foresaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require sub-mission of additional information not specified in this chapter, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

All hearings held on applications for minor site plan approval shall require public notice of the hearing in accordance with subsection 13-706.4 of this chapter. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing in accordance with subsection 13-706.4a and b. The Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Any designated subdivision committee or site plan committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this chapter. The designated subdivision committee or site plan committee, as the case may be, shall hold public hearings on the application and is required to maintain minutes of the hearings, said minutes to be made a part of the record of the Board. The subdivision committee or the site plan committee, as the case may be, shall offer its recommendations to the Board.

Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least 10 prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with subsection 13-706.6 of this chapter, within 10 days of its adoption by the Board.

When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with subsection 13-706.6 of this chapter, within 10 days of its adoption by the Board, setting forth the reasons for the disapproval.

Within 190 days from the date on which the resolution of the Board is adopted approving the minor subdivision, a plat map drawn in compliance with the Map Filing Act, P.L. 190c.141 (N.J.S.A. 46:29-9.9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed or recorded by the subdivider with the County Recording Officer. Except as provided in paragraph k hereof, unless filed within 190 days from the date on which the resolution of the Board is adopted approving the minor subdivision, the minor subdivision approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor subdivision approval (or, in the case of a minor site plan, the minor site plan approval) was granted, shall not be changed for a period of two years after the date of minor subdivision approval (or minor site plan approval) by the Board, provided that the approved minor subdivision shall have been duly recorded. The Planning Board shall grant an extension of the two year period for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board: (1) that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally-required approvals from the other governmental entities, and (2) that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the ninety-first (91st) day after the date on which the developer receives the last of the legally-required approvals from other governmental entities, whichever occurs later.

Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:

The Planning Board may extend the 190 day period for filing a minor subdivision plat or deed pursuant to subsection 13-803.3i hereof if the developer proves to the reasonable satisfaction of the Planning Board: (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally-required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of minor subdivision approval or minor site plan approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board: (1) that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally-required approvals from other governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of minor subdivision approval, or (2) the ninety-first (91st) day after the developer receives the last legally-required approval from other governmental entities, whichever occurs later.

A key map showing the entire tract and its relation to the surrounding areas, at a scale of one (1") inch equals not more than two thousand (2,000') feet;

Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:

North arrow;

Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement;

Approval signature lines:

Acreage to the nearest one hundredth of an acre and a I computation of the area of the tract to be disturbed;

The names and lot and block numbers of all property owners within two hundred (200') feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Township Tax Assessor;

Existing tax sheet number(s) and existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Township Tax Map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request;

Tract boundary line (heavy solid line);

Zoning districts affecting the tract, including district names and requirements, with proposed variance requests noted on the plat or plan;

The locations and dimensions of existing and proposed bridges and the location of natural features such as wooded areas, and any extensive rock formations, both within the tract and within two hundred (200') feet of its boundaries;

The location and species associations of all existing individual trees or groups of trees having a caliper of eight (8") inches or more measured three (3') feet above the ground level shall be shown within the portion(s) of the tract to be disturbed as a result of the proposed development. The proposed location of all proposed plantings also shall be indicated and a legend provided listing the botanical and common names, the sizes at time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat.

All existing and proposed water courses (including lakes and ponds) shall be shown and accompanied by the following information:

Existing and proposed contours with intervals of one (1') foot where slopes are less than 2%; with intervals of two (2') feet where slopes are between 2% and 15%; and with intervals of five (5 ') feet where slopes exceed 15%. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line. Slopes 15% or more in grade shall be shaded.

Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.

Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, an indication of whether the existing structures and uses will be retained or removed, and a specific identification of any family burial grounds and buildings more than 60 years old, both within the tract and within two hundred (200') feet of its boundary.

Size, height and location of all proposed buildings, structures, signs and lighting facilities.

All dimensions necessary to confirm conformity to the ordinance such as the size of the tract and any proposed lot(), structure setbacks, structure heights, yards and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearings and distances.

The proposed location, direction of illumination, power and type of proposed outdoor lighting including details of lighting poles, luminaries and hours of operation, which information shall be provided in both textual form and shown on the plat.

The proposed screening, buffering and landscaping, including a landscaping plan:

The location and design of any off-street parking area, showing size and location of bays, aisles and barriers.

All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation.

The application shall include plans and computations for any storm drainage system in order to demonstrate compliance with the provisions of this chapter, including the following:

The location of existing structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within two hundred (200') feet of its boundaries.

Plans of proposed improvements and utility layouts including sewers, storm drains and water lines and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Township, County, State and Federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-lot water or sewage disposal is proposed, the plan for such systems shall be approved, prior to any certification of completeness, for each lot by the appropriate Township and State agencies and the result of percolation tests and soil log data, completed in accordance with the requirements and conditions prescribed by the Township Board of Health, shall be indicated on the plat or plan.

Plans, typical cross sections and construction details, horizontal and vertical alignments of the centerline of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specific datum supplied by the Township Engineer, and include curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at all intersections.

Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.

The proposed permanent monuments shall be shown, in accordance with the Map Filing Act, P.L. 1960 c. 141 (C.46:29-9.9 et seq.).

Certificate from the Township Tax Collector that all taxes and assessments are paid to date;

All preliminary major subdivision, preliminary major site plan, minor subdivision and/or minor site plan applications shall be accompanied by an Environmental Impact Statement in accordance with subsection 13-804.3 of this chapter.

In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development.

The design engineer shall complete a certification that the plans submitted are in compliance with the Residential Site Improvement Standards (N.J.A.C. 5:21-1 et seq.). The certification may be qualified with a listing of any exceptions or waivers requested by the applicant.

The Board reserves the right to acquire additional information before granting preliminary approval when, in its judgment, such additional information is required in order to make an informed decision and/or when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and the surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analyses, provided however, that no application shall be declared incomplete for the lack of any such additional information.

For "projects of regional significance" (as defined in this chapter), the applicant shall secure a certification from the Township Engineer confirming (i) that the project is one of regional significance, and (ii) which municipalities are affected thereby. Upon receipt of said certification, the applicant shall provide the entire application (with all reports and plans) together with the aforesaid certification, to the Municipal Clerk of all of the affected municipalities. Proof of service to the affected municipalities shall be forwarded to the Township Engineer as part of the completeness determination. Additionally, the applicant shall provide notice of the hearing on the aforesaid project to the Municipal Clerk of all of the affected municipalities, in accordance with subsection 13-706.4 of this chapter.

A digital plan shall be submitted showing the existing and proposed lot lines, rights of way and easements. Site plan submissions shall also include the proposed buildings and surface improvements (whether public or private).

Recycling Plan pursuant to the provisions of subsection 3-11.13.

General Provisions. The impact on the environment generated by land development projects necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site, the location of the project and the information already in the possession of the Township. Therefore, having determined that some flexibility is needed in preparing the Environmental Impact Statement, the requirements for such a document pertaining to different types of development applications are listed below:

Submission Format. When an Environmental Impact Statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered. Furthermore, as much original research as is necessary shall be conducted to develop the Environmental Impact Statement. All Environmental Impact Statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

Disposition by the Board. The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help insure that the proposed development will cause no reasonably avoidable damage to any environmental resource.

The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. The Board shall:

On the date the foresaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

The Planning Board shall take action on a preliminary major site plan application involving 10 acres of land or less and 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 13-801.1b of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

The Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the board to act within the prescribed time period shall constitute approval of the application; provided that any preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 13-801.1b of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.

The Zoning Board of Adjustment shall take action on a preliminary and final major site plan application and/or preliminary and final major subdivision application when such application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and subsection 13-702.4 of this chapter, in which case the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application. Notwithstanding the foregoing, in the event that an applicant elects to bifurcate its application, unless the Zoning Board retains jurisdiction over the site plan and/or subdivision application in its approving resolution of said use variance, the applicant shall be at liberty to process such site plan and/or subdivision application before the Bedminster Township Planning Board.

Any designated subdivision committee or site plan committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this section. The designated subdivision committee or site plan committee, as the case may be, shall hold public hearings on the application and is required to maintain minutes of the hearings, said minutes to be made a part of the record of the Board. The subdivision committee or the site plan committee, as the case may be, shall offer its recommendations to the Board.

Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review, classification or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.

In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:

All hearings held on applications for preliminary major subdivision approval (and in certain cases preliminary major site plan approval) shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see subsection 13-706.4).

The recommendation of those agencies and officials to whom the preliminary plat or plan was forwarded shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the preliminary submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the preliminary plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.

Should minor revision or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 60 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.

If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with subsection 13-706.6 of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.

Preliminary approval shall confer upon the applicant the following rights for a three year period from the date on which the resolution of preliminary approval is adopted:

In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights conferred to in subsection 13-804.6a hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable, taking into consideration:

In the case of a subdivision or of a site plan for an area 50 acres or more, the applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

Whenever the Planning Board grants an extension of preliminary approval pursuant to subsection 13-804.6 paragraphs a3 and c above, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board: (1) that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally-required approvals from other governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of preliminary approval, or (2) the ninety-first (91st) day after the developer receives the last legally-required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to subsection 13-804.6 paragraphs a3 and c above.

All details stipulated in subsections 13-804.2 and 13-804.3 of this chapter.

All additional details required at the time of preliminary approval shall be submitted.

A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.

Detailed architectural and engineering data including:

The final submission shall be accompanied by the following documents:

For "projects of regional significance" (as defined in this chapter), the applicant shall secure a certification from the Township Engineer confirming (i) that the project is one of regional significance, and (ii) which municipalities are affected thereby. Upon receipt of said certification, the applicant shall provide the entire application (with all reports and plans) together with the aforesaid certification, to the Municipal Clerk of all of the affected municipalities. Proof of service to the affected municipalities shall be forwarded to the Township Engineer as part of the completeness determination. Additionally, the applicant shall provide notice of the hearing on the aforesaid project to the Municipal Clerk of all of the affected municipalities, in accordance with subsection 13-706.4 of this chapter.

A final major subdivision application for development shall be submitted with a digital plan showing all information as required on the final plat.

The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete. The Board shall:

On the date the foresaid application is certified complete, or on the forty-sixth (46th) day following the submission of the application, in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.

Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:

The Board shall take action on final site plan and final subdivision applications within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.

Any designated subdivision committee or site plan committee, as the case may be, shall read any written report submitted concerning the application and shall itself review the submission to ascertain its conformity with the requirements of this chapter. The designated subdivision committee or site plan committee, as the case may be, shall hold public hearings on the application and is required to maintain minutes of the hearings, said minutes to be made a part of the record of the Board. The subdivision committee or the site plan committee, as the case may be, shall offer its recommendations to the Board.

The recommendations of those agencies and officials to whom the final plat or plan was submitted shall be given careful consideration in the final decision on the development application. If the County Planning Board or the Township Engineer approve the final submission, such approval shall be noted on the plat or plan. If the Board acts favorably on the final plat or plan, the Township Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies.

After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with subsection 13-706.6 of this chapter:

The subdivider shall submit the final plat to the Board ready for signature within six months from the date of final approval, or within any extension of such six month period granted by the Board for good cause shown. If the subdivider fails to submit the final plat for signature the final approval shall expire. Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the Somerset County Clerk. In the event of failure to file within said 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days. The Planning Board may extend either of the 95 day periods aforesaid if the developer proves to the reasonable satisfaction of the Planning Board: (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally-required approvals from other governmental or quasi-governmental entities, and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date.

If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting forth the reasons for the disapproval.

In the case of "MF", "PRD" and "PUD" developments only, final approval shall not be granted for any section of the development unless the following phasing plan for the construction and occupancy of required 'low' and 'moderate' income units to market dwelling units have been adhered to (see subsection 13-606.3i):

Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date on which the resolution of final approval is adopted:

In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in subsection 13-804.4a above for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:

In the case of a subdivision or site plan for a planned unit development, planned residential development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the developer may apply thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:

Whenever the Planning Board grants an extension of final approval pursuant to subsection 13-805.4a2 and c above, and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board: (1) that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally-required approvals from other governmental entities, and (2) that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before: (1) what would otherwise be the expiration date of the final approval, or (2) the ninety-first (91st) day after the developer receives the last legally-required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to subsections 13-805.4, paragraphs a2 and c above.

Safeguard the heritage of the Township by preserving resources which reflect elements of its cultural, social, economic and architectural history;

Encourage the appropriate use of historic buildings and structures and to facilitate their rehabilitation where appropriate through private reinvestment;

Stabilize and improve property values within historic districts and foster civic pride;

Promote the conservation of historic sites and districts and promote their appreciation for the education, enjoyment, and welfare of the population;

Encourage any proposed alterations or new construction to be in keeping with any historic site or district;

Recognize the importance of individual historic sites located outside of designated historic district by encouraging property owners and tenants to maintain their properties in voluntary compliance with the requirements and standards of this section.

Enhance the visual and aesthetic character, diversity and continuity of historic resources in the Township;

Use the period and vernacular architecture in the designated historic districts as a theme for future development in the area.

There is hereby created in and for the Township of Bedminster a Commission to be known as "The Historic Preservation Commission." This Commission shall advise the Planning Board and the Zoning Board of Adjustment on the effect of development applications or improvements within a designated historic district or at a designated historic site.₊ In addition, the Commission shall review all building permit applications which affect a designated historic site or improvements within a designated historic district. The Commission's reviews shall be based on objective criteria and will complement existing land use and construction codes. The controls established, while compatible with both the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Uniform Construction Code Act, N.J.S.A. 54:27D-119 et seq., should be viewed as having an independent basis under N.J.S.A. 40:48-2.

Members.

Officers, Duties. The Commission shall annually elect a Chairperson and Vice-chairperson from its members and select a Secretary who may or may not be a member of the Commission or a municipal employee. The secretary shall keep written or recorded minutes of all proceedings. The Secretary shall also keep a log of all decisions on applications by designated lot, block, and address, which log shall be maintained as an official record of the Township of Bedminster.

Meetings; Rules. The Commission shall meet at least once per month or as often as required to fulfill its obligations to advise the Planning Board, Board of Adjustment, or Construction Code Official, and shall adopt rules and regulations of procedure to include the following:

Experts and Staff/Expenses and Costs.

Responsibilities of the Historic Preservation Commission. The Historic Preservation Commission shall be responsible to:

The following designated historic districts, as shown on the Historic District Map included at the end of this section, are subject to the regulations contained in this Section 13-806:.

The following are designated historic sites which shall be subject to the regulations contained in this Section 13-806:

The Commission shall consider for historic district or site designation any additional buildings, structures, objects, sites and districts with the Township which merit historic district or site designation and protection, possessing integrity of location, design, setting, materials, workmanship or association, and which qualify as historic districts or historic sites as defined in subsection 13-806.2.

Based on its review or upon the recommendation of other Township bodies or of concerned citizens, the Commission shall prepare a list of districts or sites recommended for designation. For each district or site there shall be a brief description, a statement of its significance pursuant to the criteria outlined in this section, a description of the district or site location and boundaries, and a map siting.

The list of potential districts and sites as well as the description, significance, location, boundaries, and map siting of each, shall be subject to review at a Commission public hearing. At least 10 days before such a hearing, notice of the hearing shall be published in an official newspaper of the Township. At the hearing, interested persons shall be entitled to present their opinions prior to the Commission voting on its recommendations to the Planning Board.

After the hearing, the Commission shall submit its recommendations for sites and/or districts to be designated to the Planning Board and the Township Clerk. The Planning Board shall review the recommended designation(s) at a public meeting specified on a date not less than 15 nor more than 45 days from the date of publication. Within 15 days following such public meeting, the Planning Board shall forward such recommendation as it deems appropriate on any district designation to the Township Committee.

Final determination that historic district or site status is appropriate shall be made by the Township Committee upon the advice of the Planning Board. Such a final determination shall be reflected in an appropriate amendment to the Land Development Ordinance to create the designated historic district(s) or site(s).

Copies of the official list and map of designated historic districts and sites as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits.

All actions that affect the exterior of an improvement to a designated historic site or within a designated historic district as listed in subsection 13-806.4a and 13-806.4b shall be reviewed by the Commission. Such review shall be required for the following actions:

Changes to the interior of structures.

Ordinary repairs and maintenance which do not constitute a change to the appearance of the structure. The following are the only activities which do not require Commission review according to this criteria:

When a structure within a designated historic district or at a designated historic site requires immediate or emergency repair to preserve the continued habitability of the structure and/or the health, safety and welfare, of the occupants, such repairs may be performed in accordance with the Township Codes and Ordinances, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs shall be limited to those necessary to protect the health and safety of the occupants as determined by the Township Construction Code Official. In such case, the property owner shall immediately notify the Commission of such repairs, and request a review of proposed activities as soon as possible. The Chairperson may call a special meeting of the Commission in accordance with the provisions for emergency review in cases of emergency which call for extensive repairs or alterations.

For All applications for development presented to the Planning Board or Zoning Board of Adjustment which affect an improvement within a designated historic district or at a designated historic site, the property owner shall submit to the Administrative Officer an application for a certificate of appropriateness, drawings and plans of the proposed improvement, and samples of materials and colors, as part of the request for either Board's approval.

The Planning Board or Zoning Board of Adjustment shall forward to the Commission a complete set of all application material as well as the application for certificate of appropriateness. The Commission shall schedule the application for review at its next regularly scheduled meeting. Failure to the Commission to act on an application for a certificate of appropriateness within 45 days of receipt of a complete application shall be deemed to constitute a report in favor of the issuance of any required permit or approval.

Any recommendations from the Historic Preservation Commission shall be in the form of a written report transmitted to the Administrative Officer for distribution to the review agency, and the Commission's recommendations may be orally conveyed to the appropriate board through the Commission's delegate at a hearing on the application. The Commission's recommendations shall focus on how the proposed undertaking would affect the historic or architectural significance of a building or structure. Upon a finding that the proposed activity conforms or fails to conform to the requirements of this section, the Historic Preservation Commission shall issue or deny a certificate of appropriateness for the proposed activity, and may recommend conditions for the issuance of any permit or approval.

The Planning Board or Zoning Board shall give due consideration to the recommendations of the Historic Preservation Commission, but the Planning Board and Zoning Board of Adjustment shall retain the ultimate discretion to approve or deny any application for development, notwithstanding the receipt of a negative recommendation of the Historic Preservation Commission or its refusal to issue a certificate of appropriateness. In considering the Commission's recommendations, the Planning Board and Zoning Board of Adjustment shall be guided by the review criteria established in subsection 13-806.9 of this section.

Prior to undertaking any action affecting a designated historic site or the exterior of an improvement within a designated historic district, the property owner shall complete and submit to the Administrative Officer an application for a certificate of appropriateness and drawings and plans of the proposed improvement and samples of materials and colors. The Administrative Officer shall immediately forward such application to the Commission.

If the proposed undertaking requires a construction permit, the Construction Code Official shall notify the applicant that he or she must submit an application for a certificate of appropriateness to the Historic Preservation Commission. This includes, but is not limited to, permits for new construction, demolition, alterations, additions, repairs, or replacements affecting a designated historic site or an improvement within a designated historic district.

The Commission, within 14 days of receipt, shall review the application for adequacy of information and shall provide a written explanation of the reasons any application was found to be lacking adequate information.

When an application is found to include adequate information to permit a review by the Commission, the Secretary shall schedule the application for review at the Commission's next scheduled meeting. The applicant shall be notified of the meeting date and shall be provided an opportunity to speak at the meeting.

The Commission shall recommend to the Construction Code Official either the approval or denial of the application and shall explain in writing the reasons for their recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect the historic or architectural significance of an affected structure as outlined in this section. Where the Commission recommends in favor of approval of the proposed activity, the Commission shall issue a certificate of appropriateness, which may include conditions to be imposed at the time of permit issuance. If no construction permit is required for the proposed activity, the Commission shall issue a certificate of appropriateness if it finds the proposed activity to be consistent with the standards of this section.

If an application involves demolition or removal, the Commission's recommendation shall specifically include whether postponement of such demolition or removal should be considered by the Construction Code Official.

In regard to all applications affecting a designated historic site or an improvement within a designated historic district, the following factors shall be considered:

In regard to an application for new construction or replacements affecting a designated historic site or an improvement within a designated historic district, the following factors shall be considered visual compatibility factors:

In addition to the visual compatibility factors listed in subsection 13-806.9b, the following standards as promulgated by the U.S. Secretary of the Interior, shall be considered:

In its review, the Historic Preservation Commission shall also be guided by the Secretary of the Interior's Standards for the Treatment of Historic Properties and by the Preservation Briefs (prepared by the U.S. Department of the Interior, National Park Service, Washington, D.C. and as amended from time to time).

Demolition. In regard to an application to demolish any improvement, the following matters shall be considered:

Removal. In regard to an application to move any structure at a designated historic site or within a designated historic district, the following matters shall be considered:

Synthetic Siding. Synthetic (metal or vinyl) siding may be used to resurface facades on buildings at a designated historic site or within a designated historic district that were originally wood-sided only if the substitute siding is similar in design, width, and texture to the original clapboard and will not endanger the physical condition and structural life of the building. Architectural trim shall be retained.

Window and Door Openings. The number, size and locations of original window and door openings shall be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings shall not be added on elevations that are subject to view from public street. Non-wood surface window frames and doors may be used on buildings at a designated historic site or within a historic district that were originally wood windows and doors when the substitute windows and doors are similar in design, width and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building. Architectural trim and adornments shall be retained.

Color Standards. All plans shall indicate the proposed color treatment for all exterior features of the building. Colors shall be Benjamin Moore Historical Color Collection or equivalent.

Signs and Lighting. Where signs are permitted, they shall be made of materials and colors that blend into the basic architectural style of the buildings. Both pole mounted lighting and facade lighting, if permitted, shall utilize fixtures compatible with the architectural style of the buildings.

Approval of a certificate of appropriateness by the Commission, shall be a precondition to approval of a construction permit of any collateral application or other proceeding required by Chapter 13 (Land Development) or any other municipal ordinance to be made prior to undertaking the action requested concerning a designated historic site or an improvement in a designated historic district. However, applications for a permit to demolish any improvement at a designated historic site or within a designated historic district shall be governed by the provisions of subsection 13-806.12.

Denial of a certificate of appropriateness or of a construction permit shall be deemed to bar the applicant from undertaking any activity which would affect the designated historic site or district which was the subject of the denied application, except demolition, which shall otherwise be governed by the provisions of subsection 13-806.12.

An appeal from the determination of the Commission, or Construction Code Official based upon the Commission's recommendation shall be to the Land Use Board pursuant to N.J.S.A. 40:55D-70(a). If the Land Use Board determines that there is an error in any order, requirements, decision or refusal made by the Construction Code Official pursuant to a report submitted by the Commission, the Land Use Board shall include the reasons for its determination in its written resolution.

In the event that the Commission denies a certificate of appropriateness to demolish a building or structure at a designated historic site or within a designated historic district, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish such building or structure provided that all of the following requirements have been fully met:

Notice of proposed demolition shall be posted on the premises of the building or structure throughout the notice period in a location such that it is clearly readable from the street. In addition, the applicant shall publish a notice of his intent to demolish in the official newspaper of the Township as follows:

The period of time during which notice must be given in the manner hereinbefore set forth shall be known as the "Notice Period," which shall commence on the 10th day following the date of the notice of denial received from the Land Use Board after an appeal as set forth in subsection 13-806.11 and such notice period shall continue for a period of four months.

Any person, including the owner of the property, contractors, and those acting at the request or by the authority of the owner and/or contractor, who shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement at a designated historic site or within a designated historic district by addition, alteration or replacement without first obtaining a certificate of appropriateness or an approval of the Land Use Board as provided in subsection 13-806.7d, shall be deemed to be in violation of the section.

Upon learning of the violation, the Construction Code Official shall cause to be served personally upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the improvement to the condition it was in prior to the violation occurring. If the owner cannot be personally served within the Township with the said notice, a copy shall be posted on the site and a copy sent to the owner at his last known address as it appears on the Township tax rolls.

In the event that the violation is not abated within 10 days of service or posting on the site, whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the municipal court, charging violation of this section and specifying the wrongful conduct of the violator. Each separate day the violation exists shall be deemed to be a new and separate violation of this section.

The penalty for violation shall be as follows:

On any construction site where more than one dwelling unit is being constructed, the applicant seeking subdivision or site plan approval or the landowner shall be responsible for insuring that the wheels of all vehicles be clean upon entering a public roadway within the Township of Bedminster so as not to deposit any debris which will obstruct the safe passage of said roads.

No vehicle shall enter onto the roadways or shall travel within the Township of Bedminster if its tires have more than three-eighths (3/8") inch of dirt, mud or other debris on them.

Written notice must be posted by the applicant or the landowner at the entrance and exit of every construction site stating that:

All vehicle wheels must be clean and free of mud, dirt or other debris before the vehicle shall be permitted to enter any public roadway within the Township of Bedminster.

When any vehicle enters the roadway with dirt, mud or debris on its wheels in violation of this section, the applicant for subdivision or site plan approval, or the landowner, will be notified of the violation by written notice either hand delivered or sent by certified mail, return receipt requested. In the event the applicant or the landowner fails to cause the street to be cleaned within 18 hours of receipt of the notice of violation, the Township Engineer shall cause the dirt, or other debris on the roadway to be removed.

The applicant or the landowner will be required to post a cash bond of $5,000 prior to the issuance of any construction permit for a construction project as set forth in paragraph a of this section, to cover all clean up costs that become necessary during the course of construction. This bond will be issued in favor of the Township of Bedminster and used to reimburse the Township for actual expenses incurred by it for street cleaning. The Township Engineer will be authorized to enforce this section for the Township. Any person who shall violate or fail to comply with any provision of this section, upon conviction thereof, shall be subject to a fine or imprisonment as established in Section 13-1005.

Act as field representatives to assist the Planning Board, the Zoning Board of Adjustment (as the case may be) and the Applicant (as such term is defined in this chapter) in the implementation of the approved landscape plans;

Consult with the Planning Board or Zoning Board of Adjustment Engineer and Planner, as appropriate, or with members of the respective Boards, if necessary, regarding landscape issues;

Make recommendations to the Planning Board or Zoning Board of Adjustment, as the case may be, to the extent the advice of the Landscape Advisory Board is sought by the Planning Board or Zoning Board of Adjustment in accordance with subsection 13-808.4 below.

The Planning Board or Zoning Board of Adjustment may request the assistance and advice of the Landscape Advisory Board on any application for subdivision or site plan approval. If the assistance of the Landscape Advisory Board is sought, the Chairperson of either the Planning Board or Zoning Board of Adjustment, as the case may be, shall submit such request in writing to the Landscape Advisory Board. The request shall be accompanied by three copies of the application for development (with all accompanying plans). The request for the assistance and advice of the Landscape Advisory Board may be made at any time during the review process or during the construction of the project.

Upon receipt of a written request, the Landscape Advisory Board shall review the application for development, inspect the project site, if necessary, and make its recommendations in accordance with the request for assistance and advice. The Landscape Advisory Board shall meet as necessary to review the application, inspect the project site, and prepare a report to be submitted to the Planning Board or Zoning Board of Adjustment, as the case may be.

Any report submitted by the Landscape Advisory Board in response to a request for assistance and advice must be given to the appropriate Board not later than 30 days from the date of the written request. If no such report is issued by the Landscape Advisory Board within said 30 day time frame, the Planning Board or Zoning Board of Adjustment, as the case may be, may act without the recommendation of the Landscape Advisory Board.

All recommendations of the Landscape Advisory Board shall be advisory, and shall not be binding on the Planning Board or Zoning Board of Adjustment, as the case may be.

Accepting the dedication of easements and rights-of-way,

Vacating easements and rights-of-way.