Mutual Consent Required.

Objectives. The specific objectives of Open Space Residential Development is the preservation and protection of the Borough's natural resources and the maximization of open space.

Conditions and Standards.

Open Space Requirements.

Ownership and Maintenance of Conservation Open Space or Common Open Space. Any developer employing the concept of Open Space Residential Development as herein defined and regulated shall provide for the ownership and maintenance of all resulting undeveloped land within the subdivision. Conservation open space shall be conveyed by deed either to the Borough of Bernardsville, to another Governmental Body or agency or to an acceptable organization such as a private conservation foundation or to owners and residents of the development. A common open space shall be conveyed by deed to an organization of owners and residents of the development. A conveyance for conservation open space or common open space to other than a Governmental Body or agency shall provide for the maintenance of the spaces.

Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Borough of Bernardsville.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Governing Body may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Governing Body may modify the terms of the original notice as to deficiencies and may give reasonable extension of time not to exceed 65 days within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within the 35 days or any permitted extension thereof, the Governing Body, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners.

Before the expiration of the year, the Governing Body shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Governing Body, at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Governing Body shall determine such organization is ready and able to maintain the open space in reasonable condition, the municipality shall cease to maintain the open space at the end of the year. If the Governing Body shall determine such organization is not ready and able to maintain the open space in a reasonable condition, the municipality may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Governing Body in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

Any proposal to dedicate open space to the Borough of Bernardsville shall be subject to acceptance by resolution of the Governing Body. If further stipulated that any use of such land for purposes other than those of Subsection 12-25.2a6d above can only be made after a public hearing by the Governing Body.

Findings for Open Residential Space Development. Prior to approval of any open residential space developments, the Planning Board shall find, as required by N.J.S.A. 40:55D-45, the following facts and conclusions:

No part of the lot in question shall be situated within 300 feet of any lot line of any plot on which is located any building or other improvement used for the following purposes:

Gasoline filling stations shall have their gasoline pumps and other service facilities set back at least 25 feet from any street right-of-way.

All entrance and exit driveways shall have an unobstructed width of at least 15 feet, and no public garages shall have an entrance or exit for motor vehicles within 50 feet of the boundaries of any residence zone.

Public garages shall be located on a lot having a minimum frontage of not less than 100 feet.

No automobile commercial repair work, except emergency work, shall be carried on out of doors. Automobiles may be parked temporarily on any part of a lot. The dismantling or storage of more than two wrecked motor vehicles on any lot is prohibited, and no dismantling or wrecked motor vehicle may be stored on any lot for longer than a ninety-day period.

There shall be no openings in the side or rear walls or roof of such garage or service station within 10 feet of any side or rear lot line.

No more than 10 rated horsepower shall be used on the premises.

No part of any building containing a public garage shall be used for residence or sleeping purposes.

All facilities for servicing cars, shall be located entirely upon private property and adequate space for automobiles being serviced shall be provided upon private property. No part of the storage space or work shop shall be nearer than 35 feet to any street.

No gasoline filling station may be erected within 500 feet of an existing gasoline station.

Gasoline filling stations may have one soda machine or one machine vending non-alcoholic beverages located outside of the confines of a principal building so long as it is placed up against an exterior wall of the principal building.

Car washes may utilize as accessory uses washing, vacuum and towel dispensing devices located within the building envelope. Washing devices may also be located along an outside wall of the principal building.

The professional office or studio shall be a part of the dwelling in which the professional person resides.

Not more than two persons not residents in the dwelling shall be employed in such office or studio, and not more than 1/2 the floor area of one story of the dwelling shall be devoted to such professional use.

Front Yard Setbacks. In order to minimize parking hazards, a 100-foot setback (from front property line to building front) is required if parking is permitted on the street on which the lot fronts and if the paved width of the street is less than 20 feet and the total width, including suitable shoulders, is less than 36 feet.

All portions of any driveways on the subject property shall be at least 10 feet from the side and rear property lines.

All portions of any driveways, parking areas, and parking service aisles shall be at least 20 feet from an existing, conforming dwelling on any adjacent lot, and at least 20 feet from the nearest point of the building envelope on any adjacent vacant lot.

Minimum Lot Size. Shall not be less than twice the minimum required residential lot for the district in which the institutional use is to be located.

Minimum Front Yard Depth. Same as residential district requirement, unmodified.

Minimum Side Yard. Shall be three times the side yards requirement for the residential district.

Minimum Rear Yard. Shall be twice the rear yard requirement for the residential district.

Minimum Street Frontage. Shall be as follows:

Maximum Building Height. Shall be two stories, not to exceed 35 feet to the highest point of any building, exclusive of chimneys, steeples and similar items.

Parking areas shall not be located in any front yard.

There shall be a minimum of one separate entrance and one separate exit from and to a public street.

Maximum Building Coverage. Shall be 20% of the development parcel.

Minimum Open Space and Landscaped Areas. Shall be 30% of the development parcel.

Property shall front and have access to an arterial, major collector, or minor collector roadway.

Minimum Lot Size. Shall not be less than three acres in all zones.

Minimum Street Frontage. Shall be as follows:

Property shall front and have access to an arterial, major collector or minor collector roadway.

There shall be a minimum of one separate entrance and one exit from and to a public street.

Standards applicable to development of new buildings, facilities and structures proposed after the adoption of this Subsection e., excluding underground utilities and fences:

Ordinance No. 2014-1669, codified herein, was adopted July 14, 2014.

All recreation and parking areas shall be screened, on a year round basis, from view of abutting residential uses according to the following:

Setbacks, yards and open areas not developed for buildings, structures, facilities, or athletic fields shall be attractively landscaped with lawn, shrubs, coniferous and deciduous trees.

Such use shall abut and shall have direct access to a State or County Road.

No building shall be higher than 35 feet; or have more than two stories.

Yards.

No hotel shall contain less than 40 hotel units, nor more than 80 hotel units.

Each hotel unit shall be located entirely on one floor.

Each hotel unit as defined herein shall contain at least 235 square feet of floor area.

No hotel unit shall contain cooking facilities.

There shall be between any adjoining hotel units on the same floor level a partition wall construction to have a second transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the ASTM (American Society of Testing Material) recommended practice E-90-66T or as amended. There shall be between hotel units on different floor levels a floor construction of materials having a sound transmission classification (STC) of not less than 50 based on testing procedure as described above, as well as an impact noise rating (INR) of 0 as specified in I.S.O. recommendation R-140 (Field and Laboratory Measurements of Airborne and Impact Sound Transmission - First Edition January 1960), or as thereinafter amended for measuring impact transmission with a standard tapping machine.

The fire rating of all structural elements shall meet the minimum standards of Group 1, Noncombustible, Type 2A construction as required by the New Jersey Department of Community Affairs, Bureau of Housing Inspection, "Regulations for the Construction and Maintenance of Hotel and Multiple Dwellings."

Each hotel unit shall have at least one window capable of being opened from the inside, the opening of which shall be of sufficient size to allow an adult person to exit.

Off-street parking for a hotel shall be provided in accordance with § 9-10. For hotels which include restaurants and other facilities that are accessible to the general public, additional parking facilities as required in § 9-10 for the particular use shall be provided insofar as practicable, in the judgment of the Planning Board, approximately 75% of all parking facilities serving the hotel shall be provided on the same property. Unless a greater distance is required in § 9-10, no parking area shall be located within 10 feet of a property line.

For each 25 hotel units or fraction thereof at least one hotel unit shall be designed and intended for occupancy by the handicapped. A like number of off-street parking facilities for the handicapped shall also be provided.

There shall be a minimum lot area of four acres.

The gross density for any development shall not exceed four single family attached dwelling units per acre.

The number of bedrooms per single family attached residential unit is unrestricted provided, however, the total number of more than three bedroom units shall not exceed the total number of two or less bedroom units and there shall not be more than 10 bedrooms per gross acre. Under no circumstances shall the bedroom mix result in a gross density that exceeds four single family attached residential units per acre.

All other regulations of the R-8 Single Family Attached Residence District shall be complied with.

In a residential zone, any such facility shall not generate more intense traffic in that zone than would be expected from the permitted residential development of the same property. Permitted residential development shall be the number of dwelling units determined by dividing the tract area by the minimum lot size of the zone or by applying the maximum permitted residential density to the tract area. The amount of traffic generated by the permitted residential development shall be based on the most recent data applicable to that development contained in the Traffic Generation Manual published by the Institute of Transportation Engineers (ITE).

In residential zones, no more than 25% of the total lot area shall be covered by buildings, structures, sidewalks, parking area, driveways, or other improvements incidental to the proposed facility. In other zones, the coverage shall not exceed 50% of the total lot area.

The height limitations, minimum lot area, and any lot coverage or floor area limitations of the zone district in which the use is located shall be met.

The setback requirements of the zone district in which the use is located shall be met and in any case, no off-street truck parking shall be located within 50 feet of any residentially zoned property.

All applicable provisions of Article 9 relative to off-street parking and site plan approval shall be complied with. The number of parking spaces shall be determined by the use listed in the schedule in Subsection 9-10.6 which most closely resembles the proposed public utility use.

Except in the event of an emergency, no operation shall be conducted within 300 feet of any residential unit between the hours of 8:30 p.m. and 6:00 a.m. Monday through Saturday, or at any time on Sunday. In any case, no operation shall produce or create any noise, dust, smoke, fumes or odors which exceed the limits established by any applicable State, County, Municipal or other governmental regulation.

The burden of proof shall be on the applicant to show that the proposed installation in the specific location is reasonably necessary for the efficient operation of the public utility system.

The dining area must be on private property. If any portion of the dining area is on a sidewalk over which the public has a right-of-way, an unobstructed passage not less than four feet wide must be left between the dining area and any street, structure, hydrant, lamppost, highway signpost or other obstruction. No portion of the dining area may be closer than four feet to any fire lane, parking lot or loading dock. No portion of any required parking space or loading dock shall be converted to dining area.

The dining area shall be surrounded by a defining barrier not less than two feet high such as landscaping, a fence or ropes and posts. If any portion of the dining area is within 10 feet of any area used by vehicles and less than two feet above such area, the barrier shall be designed to protect the dining area unless the same is protected by trees or other means. Any immovable portion of the barrier, or any permanent roof, arbor, platform or similar structure shall be considered a site improvement for the purpose of Subsection 9-9.2 requiring site plans proposing site improvements to be drawn by a licensed person.

The placement of tables and chairs in the dining area and the provision of passages through the barrier shall not obstruct entry to or exit from any building. Folding chairs are prohibited. No advertising or product names are permitted on any tablecloths, chairs or umbrellas in the dining area.

No use of the dining area after 10:00 p.m. or before 6:00 a.m. is permitted. Convenient containers for trash and recyclables shall be provided. The operator of the dining area shall keep it clean, sanitary and free from litter.

Except at dining areas operated by restaurants licensed by the Board of Health, all sales of food or drink shall take place entirely within a building, no agent or employee of the operator shall carry any food or drink to the dining area and no outdoor menu board is permitted.

The accessory apartment shall be for the sole use of the domestic employees, members of the family or nonpaying guests of the resident of the principal residence.

The floor area of the accessory apartment shall not exceed 25% of the floor area of the living area of the principal residence.

The dwelling structure shall comply with all Uniform Construction Code and Uniform Fire Code Requirements for two family dwellings.

The exterior of the structure shall be that of a single family and not that of a two family dwelling.

The applicant submits at the time of seeking conditional use approval, and annually thereafter, a certification on forms provided by the Borough, as follows:

Prior to occupancy of the accessory apartment, a new deed shall be recorded in the Somerset County Clerk's office containing a restriction stating that the accessory apartment must be used in strict compliance with this section.

A detached accessory dwelling unit shall only be permitted in the R-1 and R-1-10 Residence Districts on lots containing at least double the minimum area required by Subsections 12-5.3g and 12-22.3g.

There shall be no more than one principal residence and one detached accessory dwelling unit on any one property.

The detached accessory dwelling unit shall be for the sole use of the on-site domestic employees, members of the immediate family or nonpaying short-term guests of the resident of the principal residence, except when the Owner is approved to rent units under the Borough's Accessory Apartment Program. In any event, the detached accessory dwelling unit shall not be occupied by more than four persons.

The living area of a newly constructed or converted detached accessory dwelling unit shall not exceed 1,500 square feet.

A newly constructed accessory dwelling unit or proposed conversion of an existing building to an accessory dwelling unit must meet the setback requirements of a principal building.

The dwelling structure shall comply with the Uniform Construction Code and Uniform Fire Code Requirements to the extent required by the Construction Official.

No lot containing a principal residence and a detached accessory dwelling unit shall be subdivided unless each resulting lot with its improvements complies in all respects with the requirements of this section and the requirements of the R-1 Residence District or R-1-10 District.

The applicant shall submit at the time of seeking conditional use approval, and annually thereafter, a certification on forms provided by the Borough, as follows:

Prior to issuance of a building permit for the detached accessory dwelling unit, a new deed shall be recorded in the Somerset County Clerk's Office containing a restriction stating that the detached accessory dwelling unit must be used in strict compliance with this section.

An accessory dwelling unit that is within an existing dwelling structure (internal to the building) shall only be permitted in the R-1 and R-1-10 Residence Districts on lots containing at least double the minimum area required by Subsections 12-5.3g and 12-22.3g.

There shall be no more than one principal residence and one attached accessory dwelling unit on any one property.

The accessory dwelling unit shall be for the sole use of the on-site domestic employees, members of the immediate family or nonpaying short-term guests of the resident of the principal residence, except when the Owner is approved to rent units under the Borough's Accessory Apartment Program. In any event, the accessory dwelling unit shall not be occupied by more than four persons.

The living area of an internal accessory dwelling unit shall not exceed 1,500 square feet.

The dwelling structure shall comply with the Uniform Construction Code and Uniform Fire Code Requirements to the extent required by the Construction Official.

No lot containing a principal residence and a detached accessory dwelling unit shall be subdivided unless each resulting lot with its improvements complies in all respects with the requirements of this section and the requirements of the R-1 Residence District or R-1-10 District.

The applicant shall submit at the time of seeking conditional use approval, and annually thereafter, a certification on forms provided by the Borough, as follows:

Prior to issuance of a building permit for the accessory dwelling unit, a new deed shall be recorded in the Somerset County Clerk's Office containing a restriction stating that the accessory dwelling unit must be used in strict compliance with this section.