Article 12 ZONING

[Ord. No. 581 § 12-1]

This Article of the Development Regulations Chapter of the Borough of Bernardsville may be cited and referred to as the Zoning Regulations.

§ LD-12-2 ESTABLISHMENT OF ZONE DISTRICTS.

§ LD-12-2.1 Zone Districts.

[Ord. No. 581 § 12-2.1; Ord. No. 801 § 4; Ord. No. 95-1041 § 2; Ord. No. 96-1057 § 1; Ord. No. 2002-1271; 10-13-2020 by Ord. No. 2020-1852]

For the purpose of this chapter, the Borough is hereby divided into 16 districts known as:[1]

a.	R-1	Residence District
b.	R-1A	Residence District
c.	R-2	Residence District
d.	R-3	Residence District
e.	R-4	Residence District
f.	R-5	Residence District
g.	R-8	Single-Family Attached Residence District
h.	R-10A	Multi-Family Housing District
i.	R-10B	Multi-Family Housing District
j.	D	Downtown District
k.	D-C	Downtown Core
l.	D-Co	Downtown Corridor Subdistrict
m.	D-Cl	Downtown Claremont Road Subdistrict
n.	D-G	Downtown Gateway Subdistrict
o.	I	Industrial District
p.	I-2	Light Industrial District
q.	R-1-10	Residence District
r.	R-3A	Residence Overlay District [Added 11-22-2021 by Ord. No. 2021-1901]
s.	AHO-3	Affordable Housing Overlay-3 [Added 6-27-2022 by Ord. No. 2022-1918]
t.	AHO-4	Affordable Housing Overlay-4 [Added 6-27-2022 by Ord. No. 2022-1918]
u.	AH-1	Affordable Housing-1 [Added 6-27-2022 by Ord. No. 2022-1918]
v	AH-2	Affordable Housing-2 [Added 6-27-2022 by Ord. No. 2022-1918]
w.	AH-3	Affordable Housing-3 [Added 6-27-2022 by Ord. No. 2022-1918]
x.	AH-4	Affordable Housing-4 [Added 6-27-2022 by Ord. No. 2022-1918]
y.	AH-5	Affordable Housing-5 [Added 6-27-2022 by Ord. No. 2022-1918]
z.	AH-6	Affordable Housing-6 [Added 6-27-2022 by Ord. No. 2022-1918]
aa.	AH-7	Affordable Housing-7 [Added 6-27-2022 by Ord. No. 2022-1918]

[1]

Editor's Note: For regulations pertaining to the R-10A and R-10B Zone Districts, see Article 13, Affordable Housing.

§ LD-12-2.2 Zoning Map. [1]

[Ord. No. 2018-1778;Ord. No. 2002-1271§ 2 ]

The boundaries of the designated zones and districts are shown upon the map designated "Zoning Map of the Borough of Bernardsville, Version 1.1" prepared by P. David Zimmerman and dated February 14, 2002 which is incorporated herein by reference. The zoning map which is part of this Article shall be filed in the office of the Borough Clerk, and all notations, references and other information shown thereon are a part of this Article and shall have the same force and effect as if the said zoning map and all such notations, references and other information shown thereon were fully set forth or described herein.

Zoning Map Amendments.

Pursuant to Ordinance No. 2014-1655, the Zoning Map is amended and redrafted according to the attached map section of the Zoning Map. (The map referred to in Ord. No. 2014-1655 is on file in the Borough Offices.)

[Ord. No. 2014-1655]

The Zoning Map is amended to change the designation of Block 71, Lots 4, 5, 5.01 and 6-11 fronting on Quimby Lane (west side) to AHO-3 Affordable Housing Overlay in addition to its zoning designation of B-1 Business District.

[Ord. No. 2018-1772]

The Zoning Map is amended to change the destination of Block 100, Lots 2 and 2.23-2.49 and Block 145, Lots 1 and 2, Quarry site to AHO-4 Affordable Housing Overlay 4 in addition to its zoning designation of I Industrial District.

[Ord. No. 2018-1772]

The Zoning Map of the Borough of Bernardsville is amended to change the designation of Block 62, Lot 2 fronting on Childs Road to AH-1 Affordable Housing 1 from OB Office Zone District.

[Ord. No. 2018-1772]

The Zoning Map of the Borough of Bernardsville is amended to change the zoning designation of Block 125, Lot 25 fronting on North Finley Avenue to AH-2 Affordable Housing District from R-3 Residence District.

[Ord. No. 2018-1772]

The Zoning Map of the Borough of Bernardsville is amended to change the designation of Block 80, Lot 15.38 municipal property fronting on Mine Brook Road to AH-3 from R-10A Multi-Family Housing District.

[Ord. No. 2018-1772]

The Zoning Map of the Borough of Bernardsville is amended to change the designation of Block 80, Lot 59 fronting on Mine Brook Rd. to AH-4 Affordable Housing from R-4 Residence District.

[Ord. No. 2018-1772]

The Zoning Map of the Borough of Bernardsville is amended to change the designation of Block 115, Lots 1 & 2 fronting on Pine Street/Kiwanis Field to AH-5 from R-4 Single-Family Housing District.

[Ord. No. 2018-1772]

10.

The Map is amended to change the designation of Lots 21 and 22 in Block 111, Lots 11 and 11.01 in Block 112, Lots 13, 14 and 15 in Block 113 and Lots 1.01, 15, 15.01 and 16 in Block 114 from R-4 Residence District to R-5 Residence District.

[Added 2-24-2020 by Ord. No. 2020-1831]

11.

The Redevelopment Plan titled "Redevelopment Plan 65 Morristown Road Block 124 Lot 13 Bernardsville" is hereby adopted. The zoning district map is amended to include the property per the boundaries described in the Redevelopment Plan and the provisions thereon.

[Added 7-13-2020 by Ord. No. 2020-1844]

12.

The Zoning Map is amended to delete reference to the B-1, O-B, C-1 and H-D Districts to be replaced with a new Downtown District with four subdistricts D-C, D-Co, D-Cl, and D-G as identified in the amended zoning map Appendix 1 attached hereto.[2]

[Added 10-13-2020 by Ord. No. 2020-1852]

[2]

Editor's Note: The zoning map amendment as adopted by Appendix 1 may be found in the office of the Borough Clerk.

13.

The Redevelopment Plan titled "Quimby Lane Redevelopment Plan" dated September 4, 2020 is hereby adopted. The zoning district map is hereby amended to include the property per the boundaries described in the Redevelopment Plan and the provisions thereon.

[Added 10-13-2020 by Ord. No. 2020-1854]

14.

Zoning Map is hereby amended to create the R-3A Residence Overly District which shall encompass property located at 207 North Finley Avenue further identified by Borough of Bernardsville tax records as Block 140 Lot 9.

[Added 11-22-2021 by Ord. No. 2021-1901]

15.

The Zoning Map is hereby amended to add the new zones AH-6 and AH-7 as follows: Block 124, Lot 1 is hereby rezoned from D-CO to AH-6, and Block 102, Lot 12 is hereby rezoned from R-5 to AH-7

[Added 6-27-2022 by Ord. No. 2022-1918]

16.

The Zoning Map is amended to change the designation of Block 41, Lot 2, from D-Cl Downtown Claremont Road to R- 5 Residential.

[Added 7-11-2022 by Ord. No. 2022-1923]

17.

The zoning district map amended to include the property per the boundaries described the Redevelopment Plan titled "Amendment to Quimby Lane Redevelopment Plan ( Block 71, Lot 6)."

[Added 12-12-2022 by Ord. No. 2022-1936]

18.

The Zoning Map is amended to change the boundary line between zone district R-1 and R-2 so that all of Block 28, Lot 46.01 is zoned R-2 residential.

[Added 1-23-2023 by Ord. No. 2023-1941]

19.

The Zoning Map is amended to change the boundary line between zone district R-1 and R-2 so that all of Block 23, Lot 15 is zoned R-2 residential.

[Added 2-13-2023 by Ord. No. 2023-1942]

20.

The Zoning Map is amended to include the Palmer Square Redevelopment Plan — 35 and 39 Olcott Square and 5 Morristown Road (Block 125, Lots 1, 2 and 3).

[Added 5-8-2023 by Ord. No. 2023-1960]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos, 581, 801, 95-1041 and 96-1057.

§ LD-12-2.3 Determination of Boundary Lines of Zone Districts.

[Ord. No. 581 § 12-2.3]

The distance or bearing or both shown on the map for any zone district boundary line shall determine and govern the location of such boundary lines.

Where no distance or bearing is expressly stated on the map, the zone district boundary lines are municipal boundary lines, center lines of streets, existing lot and tract lines and other expressly delineated boundary lines, as the same are indicated on the map.

Where no express distance is shown nor boundary line indicated in accordance with Subsection b of this subsection, the depth of zone districts shall be deemed to be the distance from the nearest parallel street right-of-way line as regulated in the following schedule:

R-1	625 feet
R-1A	500 feet
R-2	250 feet
R-3	200 feet
R-4	150 feet
R-5	100 feet
B-1	150 feet
O-B	200 feet
C-1	200 feet

§ LD-12-3 BUILDING PERMITS AND BUILDING PLANS.

§ LD-12-3.1 Required.

No building or structure or part thereof shall be placed, erected, constructed, reconstructed, structurally altered, added to, moved, removed or razed, nor any of such works commenced until a permit therefor has been first obtained from the Construction Official upon application made to him.

§ LD-12-3.2 Application for Permit.

Before commencing to place, erect, construct, reconstruct, structurally alter, add to, move, remove, or raze any building or structure or any portion thereof, the owner or lessee thereof or the agent of either of them shall file with the Building Subcode Official an application in triplicate for a building permit on forms to be supplied by the Building Subcode Official. Such application shall state the intended use or disposition to be made of the building or structure and contain all pertinent information necessary for the Building Subcode Official to determine whether the proposed use or disposition will be in conformity with the provisions of this chapter. The application shall be accompanied by detailed plans drawn to scale and a plot plan drawn to scale, the established building lines within the block, and such other information as may be necessary or desirable to provide for the enforcement of this chapter. All plans and plot plans shall be signed by a duly licensed architect of the State of New Jersey, or a licensed professional engineer, or the owner, if the owner actually prepared the plans and files an affidavit to that effect in accordance with law.

§ LD-12-3.3 Conformance with Chapter Required.

No building permit shall be issued for the placing, erection, construction, reconstruction, structural alteration, addition to, moving, removal or razing of a building or structure unless the application and plans and intended use or disposition of the building or structure indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter. In any case wherein the Building Subcode Official shall deem this chapter violated, he shall not issue such permit except upon the written order of the Board of Adjustment or other lawful authority.

§ LD-12-3.4 Fees.

[Ord. No. 581 § 12-3]

Fees for building permits shall be paid at the time of the filing of the application in accordance with the schedule provided in the Building Ordinance and Building Code of the Borough, and any amendments thereof or supplements thereto.

§ LD-12-3A ZONING PERMIT.

[Ord. No. 2015-1695; Ord. No. 2017-1755 § 2]

No construction, reconstruction, alteration, conversion or installation of a structure, building, fence, patio, driveway, or other impervious surface, establishment of or change of use shall be undertaken unless and until a Zoning Permit is obtained from the Zoning Officer. Zoning permits shall hereafter be secured from the Zoning Officer prior to the issuance of a building permit for the construction, erection, moving or alteration of a structure, fence or sign or part of a structure or upon a change in the use as defined by the Uniform Construction Code. No tree removal permit shall be issued pursuant to Subsection 13-7.1 of the Borough Code until after a zoning permit is issued, if one is required pursuant to this section.

[Ord. No. 2017-1755 § 2]

No Zoning Permit shall be issued until all delinquent and current real property taxes or other Borough assessments for local improvements have been paid in full for the property subject to the Zoning Permit.

Application for Zoning Permits shall be submitted to the Zoning Officer using the standard form provided by the Zoning Officer. The application shall include the appropriate Zoning Permit application fee and two copies of a survey or plot plan. The survey/plot plan must be drawn to scale and must show the entire property; locations and uses of all existing structures; any existing wetlands, floodplain, easements or other restrictions; locations, dimensions and height of all proposed structures/improvements; proposed setback dimensions to property lines and adjacent structures; calculations of existing and proposed lot coverage; and any other information deemed necessary by the Zoning Enforcement Officer in order to determine compliance with the provisions of this chapter. For fences, walls, sheds, signs and other structures, graphic details (e.g. construction plans, sketches, catalog photo or brochure) must accompany the application.

The fee for all Zoning Permit applications shall be $100.

§ LD-12-4 CERTIFICATES OF OCCUPANCY.

§ LD-12-4.1 Required.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or structure, in whole or in part, for any purpose whatsoever after placing, erecting, constructing, reconstructing, structurally altering, adding to, or moving the same without first obtaining a Certificate of Occupancy from the Building Subcode Official stating that the premises or building and the use thereof comply with all the provisions of this chapter.

§ LD-12-4.2 When Required.

In residential zone districts, any change of residential occupancy in a building or structure consistent with the last issued Certificate of Occupancy shall not require a new Certificate of Occupancy; however, any change in nonresidential occupancy in the zone districts in building or structure shall not be effected unless a new Certificate of Occupancy is secured. In nonresidential zone districts it shall be unlawful to use or occupy, or permit the use or occupancy of any building or structure, in whole or in part, for any purpose whatsoever after the ownership or right of occupancy thereof has changed, without first obtaining a Certificate of Occupancy from the Building Subcode Official, except that changes in occupancy related solely to residential uses consistent with the last issued Certificate of Occupancy shall not require a new Certificate of Occupancy.

§ LD-12-4.3 Change of Use.

A Certificate of Occupancy shall be required for any change of use of any building or structure, land or premises including any change of use under a special exception or variance.

§ LD-12-4.4 Required After Alteration or Extension.

No change, alteration, extension or enlargement of a nonconforming use of any building, structure, land or premises shall be made unless and until a Certificate of Occupancy has been first issued by the Building Subcode Official indicating that such alteration or extension is in conformity with the provisions of this chapter.

§ LD-12-4.5 Issuance.

The Certificate of Occupancy shall be issued by the Building Subcode Official after application therefore by the owner or his authorized agent in triplicate, on forms to be supplied by the Building Subcode Official. Such applications shall contain all pertinent information necessary for the Building Subcode Official to determine whether said building or structure or land and use thereof are in conformity with this chapter. Where subdivisions or site plans are involved, no Certificate of Occupancy shall issue unless a fully executed Certificate of Compliance relative to same has been filed with the office of the Building Subcode Official.

§ LD-12-4.6 Issuance to Owner.

The Certificate of Occupancy shall be issued to the owner, who shall be primarily responsible for any violation of this chapter where committed with his knowledge, but all persons who cause a violation or who do not comply with the provisions of this chapter shall be guilty of a violation hereof.

§ LD-12-4.7 Violations or Nonconformities.

No Certificates of Occupancy shall be issued for any use in violation of this chapter or not in conformity with this chapter, unless and until a variance shall be granted by the Approving Authority.

§ LD-12-4.8 Fees.

[Ord. No. 581 § 12-4]

Fees for Certificates of Occupancy shall be paid at the time of the filing of the application in accordance with the schedule provided in the Building Ordinance and Building Code of the Borough, and any amendments thereof or supplements thereto.

§ LD-12-5 R-1 RESIDENCE DISTRICT.

§ LD-12-5.1 Primary Intended Use.

[Ord. No. 581 § 12-5.1; Ord. No. 94-944 § 2; Ord. No. 96-1074 § 1; Ord. No. 99-1167 § 2; Ord. No. 2001-1260 § 2]

This zone district is designed for single family residential use but permits:

Private garages conforming to Subsection 12-23.3.

Local municipal public buildings and uses.

Farming and truck gardening. No building nor other shelter for keeping of any farm animal or fowl shall be permitted closer to any street than 300 feet nor closer to any other property line than 100 feet.

Parking and facilities in accordance with § 9-10 of this chapter.

Signs conforming to Subsection 12-23.14 of this chapter.

Other accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this Article.

Conditional Uses pursuant to § 12-25, limited to the following:

Open Space Residential Development;

Professional Uses;

Institutional Uses;

Public Utilities;

Caretaker's Accessory Apartments.

Accessory Dwelling Unit, Detached.

Not more than one principal building on a lot.

§ LD-12-5.2 Prohibited Use.

[Ord. No. 581 § 12-5.2]

Any use other than those uses listed in Subsection 12-5.1 is prohibited.

§ LD-12-5.3 Required Conditions.

[Ord. No. 581 § 12-5.3; Ord. No. 93-970 § 1; Ord. No. 97-1094 § 1; Ord. No. 2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]

The following requirements must be complied with in the R-1 Residence District:

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 125 feet, except that where the existing buildings on the same side of the street and within 700 feet from each side line, exclusive of streets or private roads, form an irregular setback line, new buildings may conform to the average of such irregular setback lines, provided that no new building may project closer than 100 feet to the street or road property line nor need setback more than 125 feet from the property line. A less than required setback line for an existing principal building may be extended laterally along the line, provided that the front yard toward the street property line is not further encroached upon and that the side line requirements are observed.

Side Yards. There shall be two side yards, and no side yard shall be less than 75 feet. These requirements shall apply for a new building and for an alteration to an existing building. Additions to dwellings with insufficient side yard setbacks, existing on April 21, 1997, shall be permitted if the dwelling is set back at least 40 feet from the side property line and if the addition is no closer to the side property line than the existing structure.

Rear Yards. There shall be a rear yard of at least 100 feet. This requirement shall apply for a new building and for an alteration to an existing building.

Access Corridor. No lot shall have a street frontage of less than 50 feet. The width of any corridor providing access to a street shall be at least 50 feet at all points.

Driveway Position. No portion of any driveway hereafter constructed shall be within 10 feet of a lot line of an adjacent property.

Minimum Lot Area. The minimum lot area is 218,750 square feet.

Lot Shape. It must be possible to fit a circle with a diameter of 350 feet completely within the lot.

Building Envelope. The building envelope shall exclude areas located within flood plains, wetlands and wetland buffers, except as may be approved by the New Jersey Department of Environmental Protection (NJDEP) and no floodplain nor wetlands nor wetland buffers shall be disturbed without the appropriate permits having been issued by the NJDEP.

Surface Disturbance. Disturbance of land containing slopes over 15% shall be limited as per the following table, based on ten-foot contour intervals, as shown on a grading plan. The ten-foot contour intervals utilized to establish these categories should be those which result in the greatest slope, rather than simply using those contours which are multiples of 10.

	Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of:
Slope Category	Percent of Category	Square Feet
15 - 24.99%	20%	1,000
25 - 29.99%	None	500
30% or greater	None	250

Exemptions. The following are exempt from the above slope disturbance limits:

(a)

Septic system repair/alterations: Repairs to malfunctioning septic systems and alterations to septic systems (including the relocation of the field and/or tank and/or other related facilities), on lots which are not subject to a lot development plan for other reasons (such as new buildings, additions, or other significant land disturbance), and which are not for the purpose of expanding in order to accommodate additional bedrooms, subject to the following conditions, to the satisfaction of the Health Department:

(1)

Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and

(2)

The slope area to be disturbed is the minimum amount possible to complete the alteration; and

(3)

The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and

(4)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

(5)

The design engineer shall submit photos prior to disturbance and after completion, along with a certification that the limits of disturbance and grading were completed in accordance with the approved plans meeting the above criteria.

(b)

Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:

(1)

The trench into which the utility line is placed shall be no wider than necessary to comply with the United States Occupational Safety and Health Administration safety standards for excavations, set forth at 29 CFR Part 1926, Subpart P.; and

(2)

Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and

(3)

The activities shall not cause any change in preconstruction elevation of the steep slope area; and

(4)

Backfill the uppermost six inches of any excavation with the original topsoil material; and

(5)

The disturbed area shall be replanted with indigenous plants;

(6)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 1,500 square feet.

Additional Requirements. For additional requirements relating to floor area, impervious coverage and front setback modification, see Subsection 12-23.19.

§ LD-12-6 R-1A RESIDENCE DISTRICT.

§ LD-12-6.1 Primary Intended Use.

[Ord. No. 581 § 12-6.1; Ord. No. 2001-1260 § 3; Ord. No. 2005-1390 § 1]

This zone district is designed for single family residential use but permits any use as permitted and regulated in R-1 Residence District, including conditional uses pursuant to § 12-25 limited to the following:

Open Space Residential Development;

Professional Uses;

Institutional Uses;

Public Utilities.

Cellular towers as secondary uses on municipal properties in the R-1A District only.

§ LD-12-6.2 Prohibited Uses.

[Ord. No. 581 § 12-6.2]

Any use other than those permitted in Subsection 12-5.1 is prohibited.

§ LD-12-6.3 Required Conditions.

[Ord. No. 581 § 12-6.3; Ord. No. 93-970; Ord. No. 97-1094 § 2; Ord. No. 2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]

The following requirements must be complied with in the R-1A Residence District.

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height whichever is the lesser.

Front Yard. There shall be a front yard of not less than 100 feet, except that where the existing buildings on the same side of the street and within 825 feet from each side line, exclusive of streets or private roads, form an irregular setback line, new buildings may conform to the average of such irregular setback lines, provided that no new building may project closer than 75 feet to the street or road property line. A less than required setback line, for an existing principal building may be extended laterally along the line, provided that the front yard toward the street property line is not further encroached upon and that the side line requirements are observed.

Side Yards. There shall be two side yards, and no side yard shall be less than 50 feet. These requirements shall apply for a new building and for an alteration to an existing building. Additions to dwellings with insufficient side yard setbacks, existing on April 21, 1997, shall be permitted if the dwelling is set back at least 30 feet from the side property line and if the addition is no closer to the side property line than the existing structure.

Rear Yard. There shall be a rear yard of at least 100 feet. This requirement shall apply for a new building and for an alteration to an existing building.

Access Corridor. No lot shall have a street frontage of less than 50 feet. The width of any corridor providing access to a street shall be at least 50 feet at all points.

Driveway Position. No portion of any driveway hereafter constructed shall be within 10 feet of a lot line of an adjacent property.

Minimum Lot Area. The minimum lot area is 137,500 square feet.

Lot Shape. It must be possible to fit a circle with a diameter of 275 feet completely within the lot.

Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of:
Slope Category	Percent of Category	Square Feet
15 - 24.99%	20%	1,000
25 - 29.99%	None	500
30% or greater	None	250

Exemptions. The following are exempt from the above slope disturbance limits:

(a)

(1)

Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and

(2)

The slope area to be disturbed is the minimum amount possible to complete the alteration; and

(3)

The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and

(4)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

(5)

(b)

Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:

(1)

(2)

Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and

(3)

The activities shall not cause any change in preconstruction elevation of the steep slope area; and

(4)

Backfill the uppermost six inches of any excavation with the original topsoil material; and

(5)

The disturbed area shall be replanted with indigenous plants;

(6)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 1,350 square feet.

Additional Requirements. For additional requirements relating to floor area, impervious coverage and front setback modification, see Subsection 12-23.19.

§ LD-12-7 R-2 RESIDENCE DISTRICT.

§ LD-12-7.1 Primary Intended Use.

[Ord. No. 581 § 12-7.1]

This zone district is designed for single family residential use but permits any use as permitted and regulated in the R-1 Residence District, except that conditional uses shall be limited to:

Open space residential development.

Professional uses.

Institutional uses.

Public utilities.

§ LD-12-7.2 Prohibited Use.

[Ord. No. 581 § 12-7.2]

Any use other than those permitted in Subsection 12-5.1 is prohibited.

§ LD-12-7.3 Required Conditions.

[Ord. No. 581 § 12-7.3; Ord. No. 93-970 § 3; Ord. No. 97-1094 § 3; Ord. No. 2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]

The following requirements must be complied with in the R-2 Residence District:

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 75 feet, except that where the existing buildings on the same side of the street and within 600 feet from each side line, exclusive of streets or private roads, form an irregular setback line, new buildings may conform to the average of such irregular setback lines, provided that no new building may project closer than 50 feet to the street or road property line nor need setback more than 75 feet from the property line. A less than required setback line for an existing principal building may be extended laterally along the line, provided that the front yard toward the street property line is not further encroached upon and that the side line requirements are observed.

Side Yards. There shall be two side yards, and no side yard shall be less than 30 feet. These requirements shall apply for a new building and for an alteration to an existing building. Additions to dwellings with insufficient side yard setbacks, existing on April 21, 1997, shall be permitted if the dwelling is set back at least 20 feet from the side property line and if the addition is no closer to the side property line than the existing structure.

Rear Yard. There shall be a rear yard of at least 50 feet. This requirement shall apply for a new building and for an alteration to an existing building.

Access Corridor. No lot shall have a street frontage of less than 50 feet. The width of any corridor providing access to a street shall be at least 50 feet at all points.

Driveway Position. No portion of any driveway hereafter constructed shall be within 10 feet of an adjacent lot line.

Minimum Lot Area. The minimum lot area is 50,000 square feet.

Lot Shape. It must be possible to fit a circle with a diameter of 170 feet completely within the lot.

Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of:
Slope Category	Percent of Category	Square Feet
15 - 24.99%	20%	1,000
25 - 29.99%	None	500
30% or greater	None	250

Exemptions. The following are exempt from the above slope disturbance limits:

(a)

(1)

Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and

(2)

The slope area to be disturbed is the minimum amount possible to complete the alteration; and

(3)

The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and

(4)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

(5)

(b)

Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:

(1)

(2)

Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and

(3)

The activities shall not cause any change in preconstruction elevation of the steep slope area; and

(4)

Backfill the uppermost six inches of any excavation with the original topsoil material; and

(5)

The disturbed area shall be replanted with indigenous plants;

(6)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 1,200 square feet.

Additional Requirements. For additional requirements relating to floor area, impervious coverage and front setback modification, see Subsection 12-23.19.

§ LD-12-8 R-3 RESIDENCE DISTRICT.

§ LD-12-8.1 Primary Intended Use.

[Ord. No. 581 § 12-8.1]

This zone district is designed for single family residential use but also permits any use as permitted and regulated in the R-1 Residence District, except that conditional uses shall be limited to:

Professional Uses;

Institutional Uses;

Public Utilities.

§ LD-12-8.2 Prohibited Use.

[Ord. No. 581 § 12-8.2]

Any use other than those listed in Subsection 12-5.1 is prohibited.

§ LD-12-8.3 Required Conditions.

[Ord. No. 581 § 12-8.3; Ord. No. 93-970 § 4; Ord. No. 97-1094 § 4; Ord. No. 2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]

The following requirements must be complied with in the R-3 District:

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 50 feet, except that where the existing buildings on the same side of the street and within 300 feet from each side line, exclusive of streets or private roads, form an irregular setback line, new buildings may conform to the average of such irregular setback lines, provided that no new building may project closer than 40 feet to the street or road property line nor need set back more than 50 feet from the property line. A less than required setback line for an existing principal building may be extended laterally along the line provided that the front yard toward the street property line is not further encroached upon and that the side line requirements are observed.

Side Yards. There shall be two side yards, and no side yard shall be less than 15 feet. These requirements shall apply for a new building and for an alteration to an existing building.

Rear Yard. There shall be a rear yard of at least 50 feet. This requirement shall apply for a new building and for an alteration to an existing building.

Access Corridor. No lot shall have a street frontage of less than 50 feet. The width of any corridor providing access to a street shall be at least 50 feet at all points.

Driveway Position. No portion of any driveway hereafter constructed shall be within 10 feet of an adjacent lot line.

Minimum Lot Area. The minimum lot area is 20,000 square feet.

Lot Shape. It must be possible to fit a circle with a diameter of 100 feet completely within the lot.

Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of:
Slope Category	Percent of Category	Square Feet
15 - 24.99%	20%	1,000
25 - 29.99%	None	500
30% or greater	None	250

Exemptions. The following are exempt from the above slope disturbance limits:

(a)

(1)

Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and

(2)

The slope area to be disturbed is the minimum amount possible to complete the alteration; and

(3)

The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and

(4)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

(5)

(b)

Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:

(1)

(2)

Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and

(3)

The activities shall not cause any change in preconstruction elevation of the steep slope area; and

(4)

Backfill the uppermost six inches of any excavation with the original topsoil material; and

(5)

The disturbed area shall be replanted with indigenous plants;

(6)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 1,000 square feet.

Additional Requirements. For additional requirements relating to floor area, impervious coverage and front setback modification, see Subsection 12-23.19.

§ LD-12-9 R-4 RESIDENCE DISTRICT.

§ LD-12-9.1 Primary Intended Use.

[Ord. No. 581 § 12-9.1]

This zone district is designed for single family residential use but also permits any use as permitted and regulated in the R-1 Residence District, except that conditional uses shall be limited to:

Professional Uses;

Institutional Uses;

Public Utilities.

§ LD-12-9.2 Prohibited Use.

[Ord. No. 581 § 12-9.2]

Any use other than those listed in Subsection 12-5.1 is prohibited.

§ LD-12-9.3 Required Conditions.

[Ord. No. 581 § 12-9.3; Ord. No. 93-970 § 5; Ord. No. 97-1094 § 5; Ord. No. 2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]

The following requirements must be complied with in the R-4 District.

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 40 feet, except that where the existing buildings on the same side of the street and within 300 feet from each side line, exclusive of streets or private roads, form an irregular setback line, new buildings may conform to the average of such irregular setback lines, provided that no new building may project closer than 30 feet to the street or road property line nor need setback more than 40 feet from the property line. A less than required setback line for an existing principal building may be extended laterally along the line, provided that the front yard toward the street property line is not further encroached upon and that the side line requirements are observed.

Side Yards. There shall be two side yards, and no side yard shall be less than 10 feet. These requirements shall apply for a new building and for an alteration to an existing building. Additions to dwellings with insufficient side yard setbacks, existing on April 21, 1997, shall be permitted if the dwelling is set back at least eight feet from the side property line and if the addition is no closer to the side property line than the existing structure.

Rear Yard. There shall be a rear yard of at least 40 feet. This requirement shall apply for a new building and for an alteration to an existing building.

Access Corridor. No lot shall have a street frontage of less than 50 feet. The width of any corridor providing access to a street shall be at least 50 feet at all points.

Driveway Position. No portion of any driveway hereafter constructed shall be within eight feet of a lot line of an adjacent property.

Minimum Lot Area. The minimum lot area is 11,250 square feet.

Lot Shape. It must be possible to fit a circle with a diameter of 75 feet completely within the lot.

Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of:
Slope Category	Percent of Category	Square Feet
15 - 24.99%	20%	1,000
25 - 29.99%	None	500
30% or greater	None	250

Exemptions. The following are exempt from the above slope disturbance limits:

(a)

(1)

Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and

(2)

The slope area to be disturbed is the minimum amount possible to complete the alteration; and

(3)

The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and

(4)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

(5)

(b)

Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:

(1)

(2)

Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and

(3)

The activities shall not cause any change in preconstruction elevation of the steep slope area; and

(4)

Backfill the uppermost six inches of any excavation with the original topsoil material; and

(5)

The disturbed area shall be replanted with indigenous plants;

(6)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 1,000 square feet.

Additional Requirements. For additional requirements relating to floor area, impervious coverage and front setback modification, see Subsection 12-23.19.

§ LD-12-10 R-5 RESIDENCE DISTRICT.

§ LD-12-10.1 Primary Intended Use.

[Ord. No. 581 § 12-10.1]

This zone district is designed for single family residential use but also permits any use as permitted and regulated in the R-1 Residence District, except that conditional uses shall be:

Professional Uses;

Institutional Uses;

Public Utilities;

Single Family Attached Residential Units.

§ LD-12-10.2 Prohibited Uses.

[Ord. No. 581 § 12-10.2]

Any use other than those listed in Subsection 12-5.1 is prohibited.

§ LD-12-10.3 Required Conditions.

[Ord. No. 581 § 12-10.3; Ord. No. 93-970 § 6; Ord. No. 97-1094 § 6; Ord. No. 2000-1210 §§ 3, 4; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1]

The following requirements must be complied with in the R-5 Residence District.

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 30 feet, except that where the existing buildings on the same side of the street and within 200 feet from each side line, exclusive of streets or private roads, form an irregular setback line, new buildings may conform to the average of such irregular setback lines, provided that no new building may project closer than 20 feet from the property line. A less than required setback line for an existing principal building may be extended laterally along said line, provided that the front yard toward the street property line is not further encroached upon and that the side line requirements are observed.

Side Yards. There shall be two side yards, and no side yard shall be less than seven feet, provided. These requirements shall apply for a new building and for an alteration to an existing building. Additions to dwellings with insufficient side yard setbacks, existing on April 21, 1997, shall be permitted if the dwelling is set back at least six feet from the side property line and if the addition is no closer to the side property line than the existing structure.

Rear Yard. There shall be a rear yard of at least 25 feet. This requirement shall apply for a new building and for an alteration to an existing building.

Lot Width. No lot shall have a street frontage of less than 50 feet. The width of the lot shall be at least 50 feet at all points.

Minimum Lot Area. The minimum lot area is 5,000 square feet.

Lot Shape. It must be possible to fit a circle with a diameter of 50 feet completely within the lot.

Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of:
Slope Category	Percent of Category	Square Feet
15 - 24.99%	20%	1,000
25 - 29.99%	None	500
30% or greater	None	250

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 800 square feet.

Exemptions. The following are exempt from the above slope disturbance limits:

(a)

(1)

Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and

(2)

The slope area to be disturbed is the minimum amount possible to complete the alteration; and

(3)

The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and

(4)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

(5)

(b)

Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:

(1)

(2)

Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and

(3)

The activities shall not cause any change in preconstruction elevation of the steep slope area; and

(4)

Backfill the uppermost six inches of any excavation with the original topsoil material; and

(5)

The disturbed area shall be replanted with indigenous plants;

(6)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

Additional Requirements. For additional requirements relating to floor area and impervious coverage, see Subsection 12-23.19.

§ LD-12-11 R-8 SINGLE FAMILY ATTACHED RESIDENCE DISTRICT.

§ LD-12-11.1 Primary Intended Use.

[Ord. No. 581 § 12-11.1]

The R-8 District is designed for single family attached residential units. For the purpose of administering this Article, single family attached residential units shall be defined as a dwelling accommodation within a building containing more than one but not more than six single family dwelling units, provided each separate dwelling unit:

Is attached to other similar dwelling units by one or more party walls, or portions thereof, extending from the foundation to the roof;

Provides at least two separate means of access to the outside for each dwelling unit.

A single family attached residential unit may include a building or structure in fee simple, condominium, or cooperative ownership, or any combination thereof.

§ LD-12-11.2 Prohibited Use.

[Ord. No. 581 § 12-11.2]

Any use other than those listed in Subsection 12-11.1 above is prohibited.

§ LD-12-11.3 Required Conditions.

[Ord. No. 581 § 12-11.3]

The following conditions must be complied with in the R-8 Zone District.

Height. No building shall exceed a maximum of 35 feet in height.

Setbacks. No building or structure shall be located closer than:

One hundred feet from the right-of-way line of any State highway;

Fifty feet from the right-of-way line of any municipal or county road;

Thirty-five feet from any residence district boundary line;

Thirty-five feet from any nonresidential district boundary line;

Twenty-five feet from the curbline of any internal private roads.

Buffer Areas. Those setbacks required in Subsection 12-11.3b1, 2 and 3 above shall be buffer landscaped areas and shall not contain any building, structure or improvements other than access into the interior of the tract as approved by the Planning Board. Vehicular access from any state highway is specifically prohibited. Off-street parking is permitted within the setback required in Subsection 4 above provided the parking is not closer than 10 feet from any nonresidential district boundary line. This ten-foot buffer area must be land-scaped as approved by the Planning Board. The twenty-five-foot setback required in Subsection 5 above shall not permit a parking area other than that permitted on the driveway leading to an attached garage. This setback shall be landscaped as approved by the Planning Board.

Density. The gross density for any development in the R-8 Zone shall not exceed seven single family attached dwelling units per acre, not withstanding any other provisions of this chapter. The maximum number of dwelling units for any project shall be determined by multiplying the total area of the tract in acres within the R-8 Zone exclusive of any abutting public streets by seven. Any fractional number of units shall be deleted.

Minimum Floor Area. Every single family attached residential unit hereafter erected and containing one bedroom shall have a minimum floor area of 700 square feet per unit and every single family attached residential unit hereafter erected and containing more than one bedroom shall have a minimum floor area of an additional 200 square feet for each additional bedroom.

Off-Street Parking. Off-street parking shall be provided in accordance with § 9-10 of this chapter.

Rooms. Any room other than a living room, dining room, kitchen, bathroom, laundry room, utility room, foyer or hallway shall be construed as a bedroom and every unit constructed shall be presumed to have at least one bedroom. The number of bedrooms per single family attached residential unit is unrestricted provided, however, the total number of more than two bedroom units shall not exceed the total number of two or less bedroom units and there shall not be more than 18 bedrooms per gross acre. Under no circumstances shall the bedroom mix result in a gross density that exceeds seven single family attached residential units per acre.

Open Space. There shall be a minimum distance of 30 feet between all structures containing dwelling units.

Landscaping. A Landscaping Plan shall be submitted and be subject to review and approval by the Planning Board at the same time as the Site Plan. The Landscaping Plan will show in detail the location, size, and type of all plantings including lawns to be used on the site. All areas not used for buildings or off-street parking shall be including in the Landscaped Plan. All parking and service areas shall be so screened that said areas are shielded from residential areas adjacent to the site.

Access. All ingress and egress streets and driveways shall only be located within the R-8 Zone at locations approved by the Planning Board. All recreation areas shall be shown on the Site Plan and shall be subject to review and approval by the Planning Board.

Lighting. Yard lighting shall be provided during the hours of darkness to provide illumination for the premises and all interior sidewalks, walkways and parking areas thereon. All wiring shall be laid underground and all lighting fixtures shall be arranged so that the direct source of light is not visible from any residential areas adjacent to the site.

Architecture and Construction. From a design and construction standpoint, a single family attached residence structure has two basic options.

It shall be designed and constructed to resemble a large single family residence, or

It shall be designed and constructed, with appropriately different single family attached residences, setbacks, and rooflines so as to reflect the combination of more than one, but not more than six single family attached residences.

The architecture employed shall be aesthetically in keeping with the surrounding area and shall be subject to approval by the Planning Board. All buildings shall be constructed in accordance with the Building Code and shall comply with the following requirements:

(a)

The exterior of each building wall of single family attached residences shall be of wood, brick or stone facing, solid brick or stone, or some other acceptable durable material. Asbestos shingle and cinder or concrete block as exterior finishes are prohibited. The applicant shall submit to the Planning Board for review and approval, in addition to any and all other documents required by any other ordinance concerning Site Plan Review, floor plans, elevation drawings, color rendering and detailed finish schedules.

(b)

The exterior of accessory structures shall harmonize architecturally with and be constructed of materials of a like character to those used in principal structures.

(c)

There shall be between single family attached residences a soundproof fire wall constructed according to the specifications approved by the Borough Engineer. Such noncombustible wall shall have a sound transmission classification (STC) of not less than 52 based on the laboratory test procedure specified in the ASTM (American Society of Testing Materials) recommended practice E-90-66-T.

Utilities. Every single family attached residential unit must be connected to the public sanitary sewer and water systems as approved by the Borough Engineer. All utilities shall be installed underground. Every dwelling unit shall be serviced by a fire hydrant within 500 feet of the unit which hydrant shall be connected to a six-inch main. If more than one fire hydrant is required, the hydrants shall be connected to an eight-inch main.

Roads. All internal roads and driveways within the project shall be private roads constructed and maintained by the developer pursuant to specifications prepared by the Borough Engineer and subject to approval of the Planning Board. All internal roadways shall be designed for maximum safety and convenience and shall not be less than 20 feet in width for two-way traffic nor less than 12 feet in width for one-way traffic. Additional width shall be provided when curbside parking in a roadway is provided.

Storage Space. A storage area having a minimum floor area of 48 square feet, and having both width and length of at least four feet may be located in the basement, cellar, or garage serving the unit or in a structure with exterior access attached to the unit. If in a garage, the space shall be located beyond an area for vehicle parking having minimum dimensions of nine feet in width and 18 feet in length.

Fees. At the time of filing an application for Site Plan Approval, the applicant will file with the Borough Clerk a fee of $75 per dwelling unit within the project. The fees shall be used to defray the cost of processing the application. No part of the application fee is refundable. At such time as the Site Plan is approved by the Planning Board but prior to the issuance of a Building Permit, the applicant shall file with the Borough Clerk an inspection fee equal to or not less than 5% of the estimated costs of all improvements on site exclusive of the dwelling structures. The fee shall be determined by the Borough Engineer and will be used to defray any engineering inspections made by the Borough. Any part of the fee that is not used as above outlined will be returned to the developer after approval by the Borough Council.

Easements. Any easements as required by the Planning Board, after review by the Borough Engineer, shall be shown on the Site Plan and the easements shall be given to the Borough at such time as the Site Plan is approved. The easements may include but are not necessarily limited to utility lines, public improvements, and ingress and egress for emergency vehicles.

Guarantees. The developer shall furnish to the Borough as a condition of Site Plan approval such guarantees, covenants, Master Deed or Developer's Agreement, which shall satisfy the requirements of the Planning Board for the construction and maintenance of common areas, landscaping, recreational areas, public improvements and buildings.

§ LD-12-12 DOWNTOWN DISTRICT. [1]

[1]

Editor's Note: Ord. No. 2020-1852 added the Downtown District and repealed the B-1 Business District previously codified at § 12-12. Prior history includes Ord. Nos. 581, 769, 93-946, 93-947, 94-982, 94-990, 98-1149, 2001-1261, 2003-1322, 2003-1323, 2005-1377, 2013-1623 and 2014-1654.

§ LD-12-12.1 Purpose and Intent.

[Added 10-13-2020 by Ord. No. 2020-1852]

The purpose of this district is to implement the recommendations of the Borough of Bernardsville's 2000 Comprehensive Master Plan Downtown Plan as amended, 2019 Master Plan Reexamination Report, and 2019 Land Use Plan Element. Specifically, the intent of this district is to:

Promote the Downtown as the commercial and civic center of Bernardsville in a cohesive manner;

Enhance the physical characteristics of the Downtown through sign, facade, and streetscape improvements;

Encourage architectural design that is consistent with the historical character of Bernardsville;

Create a pedestrian-friendly atmosphere in the Downtown; and

Provide sufficient parking in the Downtown.

§ LD-12-12.2 Subdistricts.

[Added 10-13-2020 by Ord. No. 2020-1852]

It is recognized that there are several areas of distinct character in Downtown Bernardsville; therefore, the following subdistricts are hereby created:

Downtown Core (D-C).

Downtown Corridor (D-Co).

Downtown Gateway (D-G).

Downtown Claremont Road (D-Cl).

§ LD-12-12.3 General Provisions.

[Added 10-13-2020 by Ord. No. 2020-1852; amended 3-27-2023 by Ord. No. 2023-1957]

Definitions. The following definitions shall apply solely to the Downtown District. Terms contained in this section shall govern where they are in conflict with the other sections of the Land Development Ordinance except where terms are not defined herein, the definitions contained in Article I, § 1-3.2 shall apply:

ARTICULATION

Treatment of a building facade through the use of offsets, recesses, attachments, and/or openings to reduce the mass of the facade.

ARTISAN MANUFACTURING

The shared or individual use of hand-tools, mechanical tools and electronic tools for the manufacture of finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, but are not limited to electronic goods; food, drink and bakery products; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing; provided such facilities are open to the public for the retail sale of goods or services.

ATTACHMENT

A structure, excluding signage, attached to the facade of a building.

BALCONY

A covered or uncovered occupiable platform attached to a building facade.

BAY WINDOW

A space with windows that projects outward from a building facade and forms a recess within.

CEILING

The upper finished surface of a story.

DEVELOPMENT PLAN

The documents necessary to demonstrate to the Zoning Official that proposed development, as defined in the Land Development Code, is in compliance with this section.

ENTRANCE

An opening intended for the entry or exit of pedestrians in a building.

FACADE

The face of a building.

FACADE, BLANK

The portion of a facade per story that is permitted to have no articulation or opening.

FRONTAGE

The area between a building facade and a street, including built and planted elements. Private frontage is located between a building facade and lot line adjacent to a street. Public frontage is located in the street right-of-way adjacent to a lot line.

FRONTAGE BUILDOUT

The portion of a building facade built within the build-to zone.

HOTEL

An establishment that is not a bed and breakfast or motel, that provides sleeping accommodations and customary lodging services, including dining facilities, maid service, and the furnishing of furniture and bed linens to a transient population.

MOTEL

A building or series of buildings in which lodging is offered for compensation in which each rental unit has direct independent access to, and adjoining parking for each unit.

OFFICES

Includes co-working spaces.

OPENING

A window or door within a building facade.

PARAPET

A low, protective wall along the edge of a building roof.

PORCH

A covered, occupiable platform attached to a building facade near grade level.

PRINCIPAL BUILDING

A building in which the primary use on the property is conducted.

ROOF

The structure forming the upper covering of a building including parapet walls.

STOOP

A covered platform attached to a building facade near a building entrance.

STORY

A portion of a building between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between such floor and the ceiling next above it as follows:

Any finished floor surface entirely above the established predevelopment grade shall be counted as a story, except that a basement shall be considered to be a story above grade where the finished surface of the floor above the basement is:

More than six feet above the existing grade; or

More than six feet above existing grade for more than 50% of the total building perimeter; or

More than 12 feet above grade at any point.

STREET, PRIMARY

The fronting street of a lot; or when a lot fronts on more than one street, the street with the wider right-of-way which carries the greater average daily traffic volume shall be considered the primary street. In the event of two street frontages where the street has a greater average daily traffic volume but is not the wider street, the primary street shall be determined by the Planning Board based upon the orientation of the proposed building(s) and the character of the surrounding development.

STREET, SECONDARY

Street determined to not be a primary street.

TRANSPARENCY

The portion of the building facade made up of openings.

Design Standards. Design Standards are prescriptive, quantifiable measures and rules that provide specific direction for meeting the intent of this section. Design Standards use terms such as "shall" or "must" to indicate that compliance with the standard is required.

Design Guidelines. Design Guidelines are recommended approaches for meeting the intent of this section. Design Guidelines use terms such as "should" to indicate that the guideline is relevant to the intent and will be considered during the review process.

Applicability of Regulations.

Existing Development. Any existing use, lot, building or other structure legally established prior to the effective date of this § 12-12, Downtown District,[1] that does not comply with any provision of these specific regulations is a legal non-conforming use pursuant to Chapter 12-26 Non-conforming Lots, Uses, and Structures.

[1]

Editor's Note: Section 12-12, Downtown District, adopted 10-13-2020 by Ord. No. 2020-1852.

New Development. New construction or redevelopment of property that is not otherwise exempt shall comply with all applicable provisions of this section.

Additions. Except as provided elsewhere, any addition to an existing building or buildings shall be constructed or developed in accordance with all applicable provisions of this section if any of the following criteria are met:

(a)

The addition fronts a public right-of-way; or

(b)

The gross floor area of the addition exceeds 25% of the gross floor area of the existing building or structure being modified. Building additions less than 25% shall still require site plan approval in conformity with the applicable building height and setback requirements for the subdistrict in which the property is located.

Modifications. Except as provided elsewhere, any modification to an existing part of a building or buildings shall comply with the provisions of this section if both of the following criteria are met. Only modifications that meet the criteria are required to comply with the provisions of this section and shall not require the unmodified portions of the building to be brought into compliance:

(a)

The building part is regulated by this section; and

(b)

The proposed modification fronts a public right-of-way.

Repair and Maintenance. Routine repairs and maintenance of an existing building or site are permitted and are not required to comply with the provisions of this section. If parts of a building have deteriorated beyond the point where they can be repaired to code, they shall be replaced in kind. Parts of a building that are not replaced in kind shall be considered modifications and comply with the provisions for Modifications under § 12-12.3(d)4.

Changes of Use. Except as provided elsewhere, any change of use within an existing building or structure shall comply with the parking and signage provisions of this section.

Maximum Permitted Residential Density. For any proposed multifamily residential or mixed-use commercial development that incorporates a residential component within any subdistrict of the Downtown District, the proposed residential density shall not exceed thirty-five (35) dwelling units per acre except for property declared as an Area in Need of Redevelopment which shall be governed by a Redevelopment Plan prepared pursuant to N.J.S.A. 40A:12A-1 to 22.

§ LD-12-12.4 Administrative Procedures.

[Added 10-13-2020 by Ord. No. 2020-1852]

Pre-Application Conference. A pre-application conference with the Zoning Official is recommended prior to any application for approval within the Downtown District. The purpose of the pre-application conference is to provide an overview of the materials needed to submit an application and a description of the process; answer questions related to development within the district; and determine and clarify issues that may arise.

No construction, reconstruction, alteration, conversion or installation of a structure, building, fence, patio, driveway, or other impervious surface, establishment of or change of use shall be undertaken unless and until a zoning permit is obtained from the Zoning Officer in accordance with the requirements of § 12-3a of this Code. In addition, an application for a zoning permit within the Downtown District, an applicant shall submit any additional information requested by the Zoning Official to effectively review for compliance with the provisions of the Downtown District.

Review and Approval. The Zoning Official shall provide copies of the zoning permit application to appropriate agencies for review. If the zoning permit application is deemed to be in compliance with this section and no variances or other development approvals are required under the Borough Land Development Regulations or Municipal Land Use Law, then the Zoning Official can issue the zoning permit. If the Zoning Official deems the submittal to not be in compliance with this § 12-12 (providing the reasons for such decision), then the applicant may submit the land development application to the Planning Board or the Board of Adjustment, as applicable, for appropriate relief and approval.

§ LD-12-12.5 Deviation from Standards Defined.

[Added 10-13-2020 by Ord. No. 2020-1852]

Deviations from use requirements and standards relating to bulk, building placement, building height, building articulation, building transparency, parking, lighting and signage standards shall be deemed zoning requirements requiring use or variance relief pursuant to N.J.S.A. 40:55D-70(c) and (d).

Deviations from design standards relating to architecture, frontage and miscellaneous guidelines shall be deemed design standard exceptions pursuant to N.J.S.A. 40:55D-51.

§ LD-12-12.6 Permitted Uses in the Downtown District and All Subdistricts.

[Added 10-13-2020 by Ord. No. 2020-1852; amended 9-11-2023 by Ord. No. 2023-1976]

Unless specifically prohibited within a subdistrict or elsewhere in this section, the following uses are permitted in the Downtown District:

Artisan manufacturing (including distilleries and micro-brewing).

Educational institutions.

Financial institutions.

Institutional uses (including but not limited to places of worship).

Business and professional offices.

Outdoor dining as regulated by § 12-12.9.

Personal Care Services.

Recreational type uses such as health clubs, spas and boutique exercise class providers, boutique gaming facilities, arcades, dance and art studios.

Residential-multi-family (including within a mixed-use building).

Residential-townhouses.

Restaurants and cafes.

Retail sales.

Theaters, community centers, art centers and museums.

§ LD-12-12.7 Conditional Uses Permitted in the Downtown Zone and All Subdistricts.

[Added 10-13-2020 by Ord. No. 2020-1852]

Hotels (pursuant to § 12-25.2f).

Automobile fueling stations and public garages (pursuant to § 12-25.2b) in the Downtown Corridor and Downtown Gateway Districts only.

Public utilities (pursuant to § 12-25.2i).

§ LD-12-12.8 Sidewalk Sales.

[Added 10-13-2020 by Ord. No. 2020-1852; amended 6-12-2023 by Ord. No. 2023-1966]

Sidewalk sales shall be permitted within the Downtown District, not to exceed more than nine days during each calendar year per business, which days shall be authorized by the Borough Clerk subject to the following standards:

Goods and merchandise may be displayed only upon a sidewalk area immediately in front of the business establishment selling same and in such a manner as to permit the free flow of pedestrian traffic on the sidewalk at a minimum width of 48 inches.

Goods and merchandise shall be of the same type and quality as that ordinarily maintained and sold by the business establishment conducting the sale.

Goods and merchandise shall be displayed in such manner as to permit sales to pedestrians on sidewalk areas. Sales shall not be conducted or made to pedestrians walking or standing in streets, roads or other areas where motor vehicles ordinarily travel.

No advertising signs larger than 12 inches by 24 inches shall be utilized in sidewalk sales.

Business establishments adjacent to parking areas may set aside portions thereof by clearly marking some and restricting the areas to sidewalk sales. Booths or other displays shall be located in such a manner as to permit the free flow of traffic through the area.

Sidewalk sales shall be restricted to the hours of 9:00 a.m. to 9:00 p.m., prevailing time.

The use of public address systems, bells, music, auctioneers or other devices or activities not otherwise utilized by business establishments in the ordinary course of business shall not be permitted in conjunction with sidewalk sales.

The location of booths and other merchandise displays along sidewalks and in parking areas shall be subject to approval by an authorized member of the Police Department of the Borough of Bernardsville and an authorized member of the Fire Department of the Borough of Bernardsville. Any party failing to comply with a written directive from either of the agencies shall be deemed to be in violation of this section.

§ LD-12-12.9 Outdoor Dining.

[Added 10-13-2020 by Ord. No. 2020-1852; amended 7-11-2022 by Ord. No. 2022-1921; 8-14-2023 by Ord. No. 2023-1975; 10-23-2023 by Ord. No. 2023-1979]

Outdoor Dining shall be permitted within the Downtown District as accessory to an existing indoor restaurant only subject to the following regulations:

No outdoor table, shelf or other facility to hold food or drink while the same are being consumed shall be permitted in any nonresidential zone except in accordance with this subsection.

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, except that temporary outdoor dining facilities may be permitted in required parking space or loading dock areas if the Borough Zoning Officer determines that such temporary outdoor dining would not adversely impact pedestrian or vehicular traffic, result in insufficient parking for the restaurant and neighboring uses, or otherwise be a danger to public safety.

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 § LD-12-12.4, Administrative Procedures, 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 shall be permitted after 10:00 p.m. or before 6:00 a.m. Sunday through Wednesday. Outdoor dining shall not be permitted after 11:59 p.m. or before 6:00 a.m. Thursday through Saturday.

Convenient containers for trash and recyclables shall be provided. The operator of the dining area shall keep it clean, sanitary and free from litter.

With the permission of the Board of Health and/or the Fire Department as to the maximum number of people in the indoor and outdoor spaces, the restaurant may serve indoor and outdoor diners simultaneously.

Restaurants having outdoor dining facilities must keep all outdoor equipment and furnishings in good condition and repair. Tables, chairs, umbrellas, awnings and other furniture used in the outdoor facilities must be kept free of rips, tears and broken components. Broken items shall be removed from outdoor areas promptly. All outdoor items including the tops of umbrellas and awnings should be kept in a clean and sanitary condition.

Outdoor chairs and tables for each establishment shall be of a uniform style. Cloth items, including awnings and umbrellas shall be of a uniform color scheme and materials. Colors shall be earth tones from white through natural "red."

All outdoor furnishings and equipment shall be removed from pedestrian routes from December 1 through March 31 to facilitate removal of ice and snow. During such period, outdoor furnishings should be stored so that they are not visible from the street and neighboring lots.

By March 30th of each year establishments providing outdoor dining must deliver a written outdoor dining plan to the Zoning Officer and a fee of $100. The plan shall include the following information and such other additional information, if any, as may be requested by the Zoning Officer as she or he deems necessary to determine compliance with the Borough's ordinances:

A description of the proposed design and location of the outdoor dining or outdoor seating, its dimensions and all temporary structures, equipment, and apparatus to be used in connection with its operation, including tables, temporary fences and barriers, planters, service carts, chairs, awning, umbrellas (including any name to be displayed thereon), lighting and electrical outlets (if any) and a diagram of the above items; and

A statement of the seating capacity of the proposed outdoor dining or outdoor seating and of the existing restaurant or service business actually operated by the applicant in the principal building.

The Zoning Officer, after reviewing this submission, shall recommend approval, disapproval, or modification of the plan within 10 business days following its submission. The Zoning Officer shall refer the plan to the Fire Chief, the Chief of Police, the Construction Official, the Fire Marshall, the Board of Health, the Borough Engineer and/or the Borough Planner for their review and recommendations.

Failure to comply with the approved plan will subject the restaurant to the penalties set forth in Chapter 1, Section 1-5 of this Code.

Smoking and the use of smokeless tobacco products is prohibited in all outdoor dining areas. For purposes of this section, "smoking" shall mean the inhaling, exhaling, burning, or carrying of a lighted or heated cigar, cigarette, pipe, electronic smoking device, or any other tobacco or plant product intended for human consumption through inhalation, in any manner or in any form.

§ LD-12-12.10 Specifically Prohibited Uses.

[Added 10-13-2020 by Ord. No. 2020-1852; amended 9-11-2023 by Ord. No. 2023-1976]

In addition to the uses prohibited in § 12-23.16, any use not specifically enumerated as expressly permitted herein is hereby prohibited including the following specific uses in all subdistricts unless otherwise indicated:

Animal slaughter.

Any business operation conducted outside the confines of a building, or any business operation which results in the storage or display of any article or merchandise in bulk outside the confines of a building such as bags of topsoil, mulch, firewood or storage associated with a lumber yard, auto sales and the like. Seasonal displays are permitted as well as sidewalk sales as regulated above.

Bail bonds agency.

Bulk storage of flammable liquids except the sale of exchangeable propane tanks is permitted.

Vending machines unless operated within the confines of a principal building or unless permitted by § 12-25.2 of this chapter.

Convention centers.

Dependent living facilities.

Junk yards, dumps, and scrap material storage.

Lumber yards, contractor storage or equipment.

Manufacturing (other than artisan manufacturing as defined elsewhere in this section).

Marijuana dispensaries either for medicinal or recreational use.

Motels, trailer camps or other storage or parking of trailers.

Pawn shops.

Automobile fueling stations and public garages except as permitted in the Downtown Corridor and Gateway Corridor subdistricts.

Stone or monument works.

Tattoo parlors.

Vape shops.

Warehouses.

Drone landing pads or area.

Drive-through facilities.

§ LD-12-12.11 Nuisances.

[Added 10-13-2020 by Ord. No. 2020-1852]

No retail, restaurant, outdoor dining area, or office in any building shall use any noisemaking instruments such as phonographs, loudspeakers, amplifiers, radios, television sets or similar devices which are so situated as to be heard outside any building at a level exceeding 65 decibels during daytime and 50 decibels between 10:00 p.m. and 7:00 a.m. No smoke, dust, fumes or objectionable odor shall be emitted from any building. The display of merchandise on the exterior premises of any building is prohibited, except as to sidewalk sales as provided herein.

§ LD-12-12.12 Lot Development.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. Most downtowns are designed as a system of streets and blocks. Downtown Bernardsville generally follows this pattern, but some areas stretch along corridors such as Mine Brook Road and Claremont Road. To ensure connection between the public and private realm, it is important that lots and, subsequently, buildings should front streets and/or open spaces such as parks and plazas. It is equally important that such public streets and spaces be connected to each other to the extent possible to form a complete street and park network.

Lots shall front on a public street, private street built to public standard, or designated public open space.

§ LD-12-12.13 Placement of Buildings.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. It is important that buildings and related landscaping, rather than parking, be the dominant characteristic in Downtown Bernardsville. This creates an environment more conducive to pedestrians. While building placement varies by subdistrict, the intent is for new development to be built close to the street.

Front setbacks from a street shall be measured from the property line. Rear and side setbacks are measured at a right angle from the adjacent property line.

Additions to buildings are not required to meet the minimum building frontage standards as applicable by subdistrict.

Attachments, as established in § 12-12.16, may encroach into setbacks as applicable by subdistrict subject to the following maximums:

Awnings: six feet.

Balconies: six feet.

Bay windows: six feet.

Minor elements such as accessory utility structures, mechanical equipment, fences, walls, driveways, walkways, and uncovered stoops and porches may encroach into all setbacks but not across property lines. Mechanical equipment must comply with the requirements of Section 12-23.24 below.

[Amended 9-27-2021 by Ord. No. 2021-1893]

§ LD-12-12.14 Building Height.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. The height of buildings in Downtown Bernardsville is varied, which adds to the richness of its character. Additionally, the height of individual stories varies. For example, shopfronts close to sidewalk often feature taller ground level ceilings than the stories above. The first floor of residential-type buildings is typically raised above the level of the adjoining sidewalk. The intent is to be sensitive to the existing building and ceiling heights of the area, but to allow for additional height where appropriate due to location and/or unique features of the site.

Building height shall be measured in stories and feet. The measurement of building height in feet shall be made using average predevelopment grade. The average predevelopment grade shall be established at the minimum front yard setback line, measured at the endpoints of equal length segments composing that line with no segment longer than 20 feet. Building height from the average predevelopment grade will be measured to the bottom of the eave on a sloped roof or the highest point of the roof surface of a flat roof not including a parapet. The maximum exposed foundation along any portion of a building shall be no greater than two feet.

More than six feet above the existing grade; or

More than six feet above existing grade for more than 50% of the total building perimeter; or

More than 12 feet above grade at any point.

Where a lot slopes down from the primary street a minimum of 10 feet vertically, one additional story is allowed beyond the maximum number of stories as applicable by subdistrict. Such additional story shall be used only for underground or covered parking, storage or mechanical equipment.

Non-occupiable roof elements such as spires, cupolas, chimneys, cell antennas, and similar structures may exceed the maximum height requirements by no greater than 20%.

Stairways to the roofs, rooftop shade structures, and rooftop mechanical equipment including solar panels may not exceed the maximum height requirement by more than 10 feet and shall be set back from building facades a minimum of 10 feet. Rooftop structures shall be limited to 25% of the roof area. All roof structures, facilities and improvements shall have aesthetic quality consistent with the design standards applicable to the structure as a whole and shall be appropriately screened.

Minimum story height requirements shall be measured from the top of the finished floor to the floor above.

Minimum ground floor elevation requirements shall be measured from the top of the adjacent sidewalk.

Fencing as required by building codes for terraced roofs is permitted but may not exceed the minimum height required by the building code.

§ LD-12-12.15 Building Articulation.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. Downtown Bernardsville, like many historic downtowns, was built incrementally over time. The result is a pattern of development where the articulation of buildings through recesses, projections, and attachments create visual interest. It is the intent to avoid the massive character of buildings with long, uninterrupted facades that do not contribute to a viable streetscape.

Articulation requirements by subdistrict shall be met in one or more of the following methods:

Facade offset with a minimum depth of two feet that extends to within two feet of the full height of the facade.

Facade projection or recession with a minimum depth of four inches and a minimum width of one foot that extends the full height of the first story of the facade.

Variation in building or parapet height of a minimum two feet for single story buildings and four feet for buildings with two or more stories.

The use of multiple roof forms to create the effect of different building components.

§ LD-12-12.16 Permitted Building Attachment Standards.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. In addition to the articulation of building facades, downtown buildings may feature a variety of attached elements that provide protection from the weather and extend informal occupiable space, while also helping to break down the perceived mass of the building.

Building attachment requirements by subdistrict shall be met in one or more of the following methods:

Awnings/canopies shall have a minimum clear height above a sidewalk of nine feet and a minimum depth of five feet.

Balconies shall have a minimum clear height above a sidewalk of nine feet and a minimum clear depth of five feet.

Bay windows shall have a maximum projection of five feet from a facade.

Chimneys shall have a maximum projection of three feet from a facade.

Drive-through facilities visible from a street shall be recessed a minimum of 10 feet from street- facing facades. Vehicular circulation and stacking for drive-through facilities shall be designed in a manner that does not impede traffic flow on adjacent streets.

Porches shall have a minimum clear depth of six feet excluding steps.

Stoops shall have a minimum clear depth of four feet.

§ LD-12-12.17 Building Transparency.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. Similar to articulation, the transparency of buildings, or the amount of windows and doors in Downtown Bernardsville, where fronting or visible from streets and public spaces, contributes to a pedestrian- friendly environment critical to the success of the downtown. It is the intent to ensure development enhances the streetscape through openings that provide unobstructed views into buildings and are blocked only by sightly merchandise seasonal displays rather than merchandise storage, which is otherwise prohibited, do not demean the look of the borough, and are placed appropriately based on location and use.

Transparency shall be measured by dividing all the transparent surface areas of windows and including doors by the total facade area of a street-facing story.

Storefronts which become vacant shall be cleaned of all trash and debris at the front display windows. The property owner or tenant shall install a temporary painted, or otherwise decorated screen that shall obscure all display windows upon the premises to prevent visual exposure of the areas behind the screen. The top of the screen shall be not less than six feet above the adjacent sidewalk area.

§ LD-12-12.18 Parking.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. The accommodation of parking within Downtown Bernardsville is necessary, but it is critical that downtown design not be controlled by parking. Downtown residents and patrons should be able to park once and visit multiple establishments. The intent should be to reduce unnecessary parking and encourage shared parking that is convenient throughout the Downtown District.

Parking shall be required for new development or changes in use according to the table below:

Use	Required Parking
Artisan manufacturing	1 space/1,000 square feet
Auditorium, theater	1 space/3 seats
Educational, daycare	1 space/250 square feet
Financial institutions	1 space/300 square feet
Hotels	1 space/room plus 1 space/2 employees
Institutional	1 space/250 square feet
Institutional, places of worship	1 space/3 seats
Offices	1 sp./300 square feet
Personal care service	1 space/250 square feet
Recreational	1 space/250 square feet
Residential	Per RSIS
Restaurants	1 space/3 seats for patrons and 1/employee on a maximum shift
Retail	1 space/250 square feet

Parking setbacks are measured at right angles to the adjacent property line.

Required parking, with the exception of required accessible spaces, may be located off-site, if located within 600 feet from the primary pedestrian entrance.

A shared parking plan may be approved by the Planning Board or the Board of Adjustment, as applicable, for a mixed-use project when uses are located near one another and have different peak parking demands and operating hours, based upon a shared parking analysis prepared and presented by a qualified New Jersey licensed professional engineer.

Cross access between adjacent parking areas is required when technically feasible.

For parking lots or structures with a minimum of 50 spaces, a minimum of 2% of the spaces shall be reserved for electric vehicle charging stations.

§ LD-12-12.19 Downtown Zone Standards.

[Added 10-13-2020 by Ord. No. 2020-1852]

Development regulations for each Downtown subzones are hereby established as follows:

Downtown Core Subdistrict (D-C).

Description and Intent. The Downtown Core sub-district encompasses the heart of downtown Bernardsville. The district is centered around Olcott Square at the intersection of Mine Brook Road, Mt. Airy Road, Anderson Hill Road, and Morristown Road. The district features a variety of building types, but generally buildings are built close to the sidewalk with parking located behind. The intent is to preserve the historic character of the area and to ensure new development is compatible. The district also includes the area around Quimby Lane, an area the Borough envisions to be redeveloped with a mixture of uses and the character of a European village.

Permitted uses: Uses as permitted in § 12-12.6, § 12-12.8 and § 12-12.9.

Conditional uses: Conditional uses as permitted in § 12-12.7.

Prohibited uses: As regulated by § 12-12.10.

Lot coverage: Maximum 90%.

Building setbacks.

(a)

Front yard.

(1)

Non-residential and mixed use buildings: Minimum: two feet; Maximum five feet. For non-residential and mixed-use buildings, the area between the building facade and the sidewalk shall be hardscaped to match or complement the sidewalk

(2)

Residential buildings: Minimum: five feet; Maximum 10 feet.

(b)

Side Yard. Minimum: zero feet; Minimum to adjacent residentially zoned property: five feet.

(c)

Rear Yard. Minimum: five feet; Minimum to adjacent residentially zoned property: 20 feet.

(d)

Distance between buildings on same lot: Minimum 10 feet.

(e)

Frontage buildout: Minimum 80% of the front facade shall extend along the front setback line.

Principal building height requirements.

(a)

Maximum stories: three.

(b)

Feet to bottom of eave: Maximum 40.

(c)

Feet to top of parapet: Maximum 45 feet.

(d)

Story height as measured floor to floor.

(1)

Ground level non-residential uses: Minimum 15 feet; Maximum 21 feet.

(2)

Ground level residential: Minimum 10 feet.

(3)

Upper level: Minimum nine feet.

Accessory building height requirements.

(a)

Maximum stories: two.

(b)

Maximum height: 30 feet.

Ground floor above sidewalk measured at doorway.

(a)

Non-residential uses: four inches to a maximum of six inches.

(b)

Residential uses: Minimum 1.5 feet.

10.

Building articulation.

(a)

Flat facade - Primary street: Maximum 25 feet.

(b)

Flat facade - Secondary street: Maximum 50 feet.

(c)

Permitted attachments subject to § 12-12.16: awnings, canopies, balconies, bay windows, chimney, porches and stoops.

11.

Required Building Transparency.

(a)

Primary Street Ground Level - Non-residential: Minimum 70%; Maximum 80%; Maximum sill height at window 2 1/2 feet; For non-residential uses, located within a building designed to resemble a single-family residential building type with a porch frontage, required transparency may be reduced to 20%.

(b)

Secondary Street Ground Level - Non-residential: Minimum 20%; Maximum 80%.

(c)

Primary Street Ground Level - Residential: Minimum 20%; Maximum 60%.

(d)

Secondary Street Ground Level - Residential: Minimum 15%; Maximum 60%.

(e)

Upper Level: Minimum 15%; Maximum 50%.

12.

Parking setbacks from property lines.

(a)

Primary Street: Behind the principal building.

(b)

Secondary Street: Minimum five feet.

(c)

Side: Minimum five feet.

(d)

Rear: Minimum five feet.

13.

Parking Access.

(a)

Primary Street Number of Driveways: Maximum 1.

(b)

Secondary Street Driveways: Maximum 2.

(c)

Driveway Width: Maximum 24 feet.

14.

Parking lot screening from public right-of-way: Minimum planting height three feet; Maximum planting height four feet; Parking lots with less than five spaces are exempt from this requirement.

15.

Architecture.

(a)

Permitted foundation materials: Brick masonry, stone masonry, cement-parged concrete block.

(b)

Permitted facade materials: Brick masonry, stone masonry, stucco, wood siding/shingles for buildings designed to resemble a single-family residential building type only, fiber-cement siding/shingles to resemble a single-family residential building type only.

(c)

Permitted facade accent materials: Cast stone, wood, fiber-cement trim, siding, and panels, composite trim, siding, and panels, architectural metal.

16.

Frontages.

(a)

Permitted private frontages: Shopfront, stoop, forecourt, porch.

(b)

Public frontages: Sidewalk and tree well.

17.

Sidewalks. Eight-foot sidewalk as measured from the top edge of the curb face shall be provided. Where the sidewalk along a property frontage is less than eight feet, the front facade must be setback an additional distance to ensure a ten foot minimum clear sidewalk width.

18.

Signage as permitted pursuant to § 12-23.15.

Downtown Corridor Subdistrict (D-Co).

Description and Intent. The Downtown Corridor subdistrict extends along Morristown Road east of the core and serves as a portion of the eastern gateway into Bernardsville. The area has a more auto-dependent character than other subdistricts. The intent is to limit the future expansion of this character while recognizing that the corridor will remain auto-oriented for the foreseeable future.

Permitted uses: Uses as permitted in § 12-12.6, § 12-12.8 and § 12-12.9.

Conditional uses: Conditional uses as permitted in § 12-12.7.

Prohibited uses: As regulated by § 12-12.10 and residential on a ground floor.

Lot Coverage: Maximum 80%.

Building Setbacks.

(a)

Front Yard. Minimum: five feet; Maximum 75 feet.

(b)

Side Yard. Minimum: five feet.

(c)

Rear Yard. Minimum: 20 feet.

(d)

Distance between buildings on same lot: Minimum 20 feet.

(e)

Frontage buildout: Minimum 60% of the front facade shall extend along the front setback line.

Principal Building Height Requirements.

(a)

Maximum Stories: 2 1/2 stories.

(b)

Feet to bottom of eave: Maximum 30 feet.

(c)

Feet to top of parapet: Maximum 35 feet.

(d)

Story Height as measured floor to floor.

(1)

Ground level: Minimum 13 feet.

(2)

Upper level: Minimum nine feet.

Accessory Building Height Requirements.

(a)

Maximum stories: two.

(b)

Maximum height: 30 feet.

Ground floor above sidewalk measured at doorway: zero feet.

10.

Building articulation.

(a)

Flat facade - Primary Street: Maximum 50 feet.

(b)

Flat facade - Secondary Street: Maximum 50 feet.

(c)

Permitted attachments subject to § 12-12.16: awnings, canopies, balconies, bay windows, drive-throughs for pharmacies only, porches and stoops.

11.

Required Building Transparency.

(a)

Primary Street Ground Level - Non-residential: Minimum 40% Maximum 80%; For non-residential uses located within a building designed to resemble a single-family residential building type with a porch frontage, required transparency may be reduced to 20%.

(b)

Secondary Street Ground Level - Non-residential: Minimum 20%; Maximum 80%.

(c)

Primary Street Ground Level - Residential: Minimum 20%; Maximum 60%.

(d)

Secondary Street Ground Level - Residential: Minimum 15%; Maximum 60%.

(e)

Upper Level: Minimum 15%; Maximum 50%.

12.

Parking setbacks from property lines.

(a)

Primary Street: Minimum five feet; Surface parking is limited to one double-loaded aisle of parking between the building and the street.

(b)

Secondary Street: Minimum five feet.

(c)

Side: Minimum five feet.

(d)

Rear: Minimum five feet.

13.

Parking Access.

(a)

Primary Street Number of Driveways: Maximum two.

(b)

Secondary Street Driveways: Maximum two.

(c)

Driveway Width: Maximum 24 feet.

14.

Parking lot screening from public right of way: Minimum planting height three feet; Maximum planting height four feet; Parking lots with less than five spaces are exempt from this requirement.

15.

Architecture.

(a)

Permitted Foundation Materials: Brick masonry, stone masonry, cement-parged concrete block.

(b)

Permitted Facade Materials: Brick masonry, stone masonry, stucco, wood siding/shingles for buildings designed to resemble a single-family residential building type only, fiber-cement siding/shingles to resemble a single-family residential building type only.

(c)

Permitted Facade Accent Materials: Cast stone, wood, fiber-cement trim, siding, and panels, composite trim, siding, and panels, architectural metal.

16.

Frontages.

(a)

Permitted Private Frontages: Shopfront, stoop, porch.

(b)

Public Frontages: Sidewalk and planter, sidewalk and planting strip.

17.

18.

Signage as permitted pursuant to § 12-23.15.

Downtown Gateway Subdistrict (D-G).

Description and Intent. The Downtown Gateway subdistrict extends along Morristown Road near its intersection with Finley and east to the Borough limits near Madisonville Road. This area serves as the eastern gateway into Bernardsville. The area has a more auto-dependent character than other subdistricts. The intent is to encourage a slightly more intense development pattern in this area, in particular, office uses, but with an appropriate transition to surrounding residential areas.

Permitted Uses: Uses as permitted in § 12-12.6, § 12-12.8 and § 12-12.9.

Conditional Uses: Conditional uses as permitted in § 12-12.7.

Prohibited Uses: As regulated by § 12-12.10.

Lot Coverage: Maximum 85%.

Building Setbacks.

(a)

Front Yard. Minimum: five feet; Maximum 75 feet.

(b)

Side Yard. Minimum: five feet.

(c)

Rear Yard. Minimum: 20 feet.

(d)

Distance between buildings on same lot: Minimum 20 feet.

(e)

Frontage buildout: Minimum 60% of the front facade shall extend along the front setback line.

Principal Building Height Requirements.

(a)

Maximum Stories: three stories.

(b)

Feet to bottom of eave: Maximum 40 feet.

(c)

Feet to top of parapet: Maximum 45 feet.

(d)

Story Height as measured floor to floor.

(1)

Ground Level - non-residential: Minimum 13 feet; Maximum 21 feet.

(2)

Ground Level - residential: Minimum 10 feet.

(3)

Upper Level: Minimum nine feet.

Accessory Building Height Requirements.

(a)

Maximum Stories: two.

(b)

Maximum Height: 30 feet.

Ground Floor Above Sidewalk Measured at Doorway.

(a)

Ground level - non-residential: Minimum zero feet.

(b)

Residential uses: Minimum 1 1/2 feet within 25 feet of front property line.

10.

Building Articulation.

(a)

Flat facade - Primary Street: Maximum 50 feet.

(b)

Flat facade - Secondary Street: Maximum 50 feet.

(c)

Permitted attachments subject to § 12-12.16: awnings, canopies, balconies, bay windows, drive-through for financial institutions and pharmacies only, porches and stoops.

11.

Required Building Transparency.

(a)

Primary Street Ground Level - Non-residential: Minimum 60%; Maximum 80%.

(b)

Secondary Street Ground Level - Non-residential: Minimum 20%; Maximum 80%.

(c)

Primary Street Ground Level - Residential: Minimum 20%; Maximum 60%.

(d)

Secondary Street Ground Level - Residential: Minimum 15%; Maximum 60%.

(e)

Upper Level: Minimum 15%; Maximum 50%.

12.

Parking setbacks from property lines.

(a)

Primary Street: Minimum five feet; Surface parking is limited to one double-loaded aisle of parking between the building and the street.

(b)

Secondary Street: Minimum five feet.

(c)

Side: Minimum five feet.

(d)

Rear: Minimum five feet.

13.

Parking Access.

(a)

Primary Street Number of Driveways: Maximum two.

(b)

Secondary Street Driveways: Maximum two.

(c)

Driveway Width: Maximum 24 feet.

14.

Parking lot screening from public right of way: Minimum planting height three feet; Maximum planting height four feet; Parking lots with less than five spaces is exempt from this requirement.

15.

Architecture.

(a)

Permitted Foundation Materials: Brick masonry, stone masonry, cement-parged concrete block.

(b)

(c)

Permitted Facade Accent Materials: Cast stone, wood, fiber-cement trim, siding, and panels, composite trim, siding, and panels, architectural metal.

16.

Frontages.

(a)

Permitted private frontages: Shopfront, stoop, porch.

(b)

Public frontages: Sidewalk and planter, sidewalk and planting strip.

17.

Sidewalks. Eight foot sidewalk as measured from the top edge of the curb face shall be provided. Where the sidewalk along a property frontage is less than eight feet, the front facade must be setback an additional distance to ensure a ten foot minimum clear sidewalk width.

18.

Signage as permitted pursuant to § 12-23.15.

Downtown Claremont Road Subdistrict (D-Cl).

Description and Intent. The Downtown Claremont Road subdistrict contains a mixture of uses in a form that creates an appropriate transition between the core of downtown and the single-family neighborhoods to the north. New development in the area would ideally feature a mixture of uses and be compatible in scale and character with existing development.

Permitted uses: § 12-12.6, § 12-12.8 and § 12-12.9.

Conditional uses: Conditional uses as permitted in § 12-12.7.

Prohibited uses: As regulated by § 12-12.10 including artisan manufacturing and public parking garages which are also prohibited.

Lot Coverage: Maximum 80%.

Building Setbacks.

(a)

Front Yard. Minimum: five feet; Maximum 25 feet.

(b)

Side Yard. Minimum: five feet.

(c)

Rear Yard. Minimum: five feet; Minimum 20 feet to residentially used or zoned property.

(d)

Distance between buildings on same lot: Minimum 10 feet.

(e)

Frontage buildout: Minimum 70% of the front facade shall extend along the front setback line.

Principal Building Height Requirements.

(a)

Maximum stories: 2.5 stories.

(b)

Feet to bottom of eave: Maximum 30 feet.

(c)

Feet to top of parapet: Maximum 35 feet.

(d)

Story Height as measured floor to floor.

(1)

Ground level - non-residential: Minimum 11 feet; Maximum 16 feet.

(2)

Ground level - residential: Minimum 10 feet.

(3)

Upper level: Minimum nine feet.

Accessory Building Height Requirements.

(a)

Maximum stories: two.

(b)

Maximum height: 30 feet.

Ground floor above sidewalk measured at doorway:

(a)

Ground level - non-residential: Minimum zero feet.

(b)

Residential uses - Minimum 1 1/2 feet.

10.

Building Articulation.

(a)

Flat facade - Primary Street: Maximum 35 feet.

(b)

Flat facade - Secondary Street: Maximum 50 feet.

(c)

Permitted attachments subject to § 12-12.16: awnings, canopies, balconies, bay windows, chimneys, porches, and stoops.

11.

Required Building Transparency.

(a)

Primary Street Ground Level - Non-residential: Minimum 50%; Maximum 80%; Maximum 2 1/2 feet sill height; For non-residential uses located within a building designed to resemble a single-family residential building type within a porch frontage, required transparency may be reduced to 20%.

(b)

Secondary Street Ground Level - Non-residential: Minimum 20%; Maximum 80%.

(c)

Primary Street Ground Level - Residential: Minimum 20%; Maximum 60%.

(d)

Secondary Street Ground Level - Residential: Minimum 15%; Maximum 60%.

(e)

Upper Level: Minimum 15%; Maximum 50%.

12.

Parking setbacks from property lines.

(a)

Primary Street: Behind the principal building.

(b)

Secondary Street: Minimum five feet.

(c)

Side: Minimum five feet.

(d)

Rear: Minimum five feet.

13.

Parking Access.

(a)

Primary Street Number of Driveways: Maximum 1.

(b)

Secondary Street Driveways: Maximum 1.

(c)

Driveway Width: Maximum 24 feet.

14.

Parking lot screening from public right of way: Minimum planting height three feet; Maximum planting height four feet; Parking lots with less than five spaces is exempt from this requirement.

15.

Architecture.

(a)

Permitted Foundation Materials: Brick masonry, stone masonry, cement-parged concrete block.

(b)

Permitted Facade Materials: Brick masonry, stone masonry, stucco, wood siding/shingles, fiber-cement siding/shingles.

(c)

Permitted Facade Accent Materials: Cast stone, wood, fiber-cement trim, siding, and panels, composite trim, siding, and panels, architectural metal.

16.

Frontages.

(a)

Permitted private frontages: Shopfront, stoop, forecourt, porch.

(b)

Public frontages: Sidewalk and tree well, sidewalk and planting strip.

17.

Sidewalks. Five-foot sidewalk as measured from the top edge of the curb face shall be provided. Where the sidewalk along a property frontage is less than five feet, the front facade must be setback an additional distance to ensure a seven foot minimum clear sidewalk width.

18.

Signage as permitted pursuant to § 12-23.15.

§ LD-12-12.20 Architectural Standards.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. The architecture of Downtown Bernardsville is varied. In the historic core, building design ranges from early 20th century, mosonry and stucco "Main Street" shopfront buildings close to the sidewalk to older residential-type buildings, such as the Old Library, that feature shallow yards, porches, sloped roofs, and siding. These variations contribute to the unique village-like character of the Borough. The demolition of structures deemed historic is strongly discouraged. At a minimum, the exterior facades and features of buildings deemed historic should be preserved. The later architecture in downtown and along the corridors leading into downtown is more suburban in character and lacks the richness of downtown's more historic buildings. The intent is for the design of new construction and additions to take cues from Downtown Bernardsville's most iconic historic buildings.

General. The standards in this section apply to basic building components as depicted in Figure 1.

Figure 1

Unless otherwise specified, the standards in this section apply to all facades that face a street or public open space and side facades for a minimum depth of 20 feet.

Buildings shall be generally oriented so that a primary entrance(s) faces the primary street or public open space.

Building entrances (excluding service access or emergency egress) shall be defined by a roof covering or by being recessed.

Buildings shall be generally built parallel to the street frontage. If the street frontage is not straight, facades shall be generally built tangent to the street frontage.

Buildings shall have simple massing and details in order to clearly distinguish the main body of the building and the primary pedestrian entry.

Street-facing facades shall be composed so that the rhythm of ground floor attachments and openings harmonizes with the rhythm of attachments and openings on upper stories.

Buildings on corner lots, shall address both streets with openings or the following attachments: porches and bay windows. For the purpose of this standard, a lane or alley is not a street.

Miscellaneous Guidelines. Buildings and related elements should be arranged in a manner to indicate the pattern of base, body or shaft, and cap.

Facades.

Building facades shall be built of no more than two primary materials, excluding accent materials, and shall only change material along a horizontal line (with the heavier material below the lighter material), outside corners (where material wraps the corner a minimum of two feet), or inside corners. (See Attachment 3 - Downtown Zoning District Guidebook.)

The following materials are prohibited:

(a)

Exterior Insulation Finish Systems (E.I.F.S.).

(b)

Faux brick, stone, or similar faux masonry panels.

(c)

Vinyl siding.

Building facades may include horizontal siding, vertical siding with flush joints, stucco, and medium-density overlay plywood (MDO) as an accent material in gables, dormers, and bay windows.

Horizontal siding shall be lap, shiplap, drop, or shingle-style.

Materials, other than masonry, shall be painted, stained, or have a factory-applied finish.

Buildings shall be limited to two colors, excluding accent colors. Colors shall be earth tones from white through natural "red."

Parking structure facades shall incorporate appropriate materials, openings, and detailing and be configured in a manner so as to resemble a building with active uses.

Miscellaneous Guidelines. Natural materials are encouraged. Materials intended to represent natural materials should be minimized.

Openings.

Openings in walls with siding shall be trimmed with flat casing, a sloping sill, and drip cap at a minimum.

Openings in masonry walls or walls with masonry veneer shall include brickmold casing.

Openings in masonry walls or walls with masonry veneer other than stucco, shall have a precast lintel; masonry arch; or masonry header.

Openings in parking structure facades may remain open without windows.

With the exception of transoms and decorative windows, windows shall be square or vertically proportioned and rectangular in shape. The grouping of individual windows to create a horizontal banding effect is permitted as long as the width of the banding does not exceed 1/2 of the length of the facade.

Adjacent windows shall be separated a minimum of two inches.

Windows and doors shall have clear glass.

Window muntins, if included, shall be true divided lites or simulated divided lites fixed on the interior and exterior surfaces of the window and shall create panes of square or vertical proportion (as tall as wide or taller than wide).

Shutters, if included, shall be the same height as the window, and 1/2 the width of the window. Small windows may have one shutter that is the full width of the window. Shutters shall be operable or designed and installed as if they were operable including hardware.

10.

Miscellaneous Guidelines.

(a)

Openings, including dormers, should be centered vertically with other openings or shall be centered with the wall between openings.

(b)

Openings above should be equal in size or smaller than openings below.

Roofs.

Principal building sloped roofs shall be a symmetrical hip or gable and have a minimum pitch of 8:12.

Eaves shall be continuous or include appropriate eave returns, unless overhanging a balcony or porch.

Miscellaneous Guidelines.

(a)

The ridge of the primary building should generally be oriented either parallel to or perpendicular to the street.

(b)

All gable and hipped roofs of a building, excluding ancillary roofs, should generally have the same slope where visible from a street or open space.

Attachments. Attachments shall comply with the following standards. Refer to Attachment 3 - Downtown Zoning District Guidebook, for examples:

Awnings and canopies shall not be internally illuminated.

Balconies shall not be fully enclosed.

Bay windows shall have visible support, either by extending the bay to grade with a foundation or transferring the projection back to the wall with beams, brackets, or brick corbeling.

Chimneys shall extend to grade.

Drive-through facilities shall be designed to match the architecture of the principal building the facility is attached to.

Porches may be enclosed with glass or screens; however, glass enclosures are not permitted on porches that face a street or public open space.

Posts and columns shall be generally classically ordered and include a base or pedestal, shaft, and capital. The base of posts, columns, and pedestals shall generally align with the face of the foundation wall directly below. The outside face of porch beams shall generally align with the face of the top of the column.

The above standards shall not preclude the provision for outdoor dining.

Miscellaneous Guidelines.

(a)

Porches should have square or vertically proportioned openings.

(b)

Balcony, porch, and stoop railings between balusters should have both top and bottom rails.

§ LD-12-12.21 Landscaping and Screening.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. Downtown areas often feature more hardscaped areas than landscaped areas. Landscaping on private property in downtowns is generally used to screen equipment and refuse storage that detract from the streetscape and to soften the impact of paved areas in surface parking lots. It is the intent to provide standards that enhance the pedestrian experience. Refer to § 12-24, Frontages, for guidance on landscaping within the public right-of-way.

There shall be planted one shade tree for every six vehicles and at least 65% of the required trees shall be provided within the interior of surface parking spaces. The ends of interior parking bays with a minimum of 12 spaces must be bordered with landscape islands. The ends of perimeter parking bays shall be bordered by landscape peninsulas. Each landscape island should contain a minimum of one three-inch caliper shade tree and have sufficient space for tree growth and irrigation.

Required parking lot screening must be a minimum of three feet in height as measured from the adjacent finished surface of the parking area. Parking lot screening, at a minimum, must consist of:

A compact hedge of evergreen shrubs, at least two feet tall at planting, spaced to ensure closure into a solid hedge at maturity and canopy trees at a maximum of 30 feet on center;

An architecturally compatible opaque wall or fence;

A seat wall at seating height; or

A combination of the above.

Retaining walls shall be constructed of or clad in brick, stone, or stucco.

Decorative walls and fences shall be of a material similar to the facade material of the principal building on the lot.

All dumpsters, trash receptacles, and refuse storage containers shall be located within an enclosure providing screening, unless located adjacent to a loading dock at the rear of the building. Enclosure shall meet one of the following standards:

A decorative masonry wall with a minimum height of six feet on three sides and a gate on the fourth side. The gate shall be constructed with an opaque, non-masonry material. The construction materials of the wall shall match materials used on the principal building located on the same lot; or

Medium-sized evergreen shrubs shall be arranged, planted a maximum of six feet on-center, around the perimeter of the pad area except the side where access is located. This landscaping requirement does not apply when the enclosure is an architectural extension of a principal building.

When technically feasible, outdoor equipment shall be placed underground. All proposed ground-mounted equipment (i.e., transformers, air conditioner units, etc.) within view from a street shall be screened by evergreen shrubs. Medium-sized evergreen shrubs shall be arranged around the boundary of the equipment and planted a maximum of four feet on-center. Mechanical equipment on the roof shall be screened from abutting streets with parapets or other types of visual screening. In no case shall mechanical equipment be allowed along street frontage(s).

Plant materials should be native, drought-tolerant species. Invasive plant species are prohibited.

Where possible, provision shall be made for snow removal within the parking areas so as to minimize damage to landscaped areas.

§ LD-12-12.22 Stormwater Management.

[Added 10-13-2020 by Ord. No. 2020-1852]

Stormwater management shall be provided in accordance with Chapter 22, Stormwater Regulations.

§ LD-12-12.23 Sustainability.

[Added 10-13-2020 by Ord. No. 2020-1852]

Sustainable techniques and practices such as, but not limited to, recycling, green roofs, and solar power, are encouraged to be included in development proposals.

§ LD-12-12.24 Frontages.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. The design of frontages, or the interface of building fronts and the public right-of-way, is an important consideration. This section focuses on the pedestrian area between the travelway and private property. The intent is to promote an environment at street level that is attractive and comfortable for pedestrians.

Public Frontage Guidelines. Public frontages include the area within the public right-of-way. For development and redevelopment that requires improvements to the public right-of-way, the following standards should guide the design of frontages as suggested by subdistrict (see Attachment 3-Downtown Zoning District Guidebook). Actual design may vary depending on the width or condition of the sidewalk and whether an owner or developer is required to improve the sidewalk along the frontage of the development.

Sidewalk and Tree Grate. The Sidewalk-Tree Grate public frontage maximizes the walkable zone and pedestrian amenity zone by maximizing paved area and including street trees in tree grates. The clear walkable zone should be a minimum of five feet wide. Trees should be placed a maximum of 40 feet on center within five foot tree grates that include sufficient planting area for tree roots below grade.

Sidewalk and Planter. The Sidewalk-Tree Planter public frontage attempts to balance walkability with streetscaping. Street trees are located in planters that can aid in stormwater infiltration as well as provide additional area for tree growth and supplemental plantings. The clear walkable zone should be a minimum of five feet wide. Trees should be placed a maximum of 40 feet on center within five foot by eight foot minimum planters. Supplemental plantings in planter may include grasses, low shrubs, perennials, and groundcovers.

Sidewalk and Planting Strip. The Sidewalk-Planting Strip public frontage maximizes the planting area for street trees. It should be used in areas where pedestrian activity is anticipated to be the lightest. The clear walkable zone should be a minimum of five feet wide. Trees should be placed a maximum of 40 feet on center within a minimum five-foot wide planting strip.

Private Frontages. Private frontages include the area between the public right-of-way and the building face. The following standards should guide the design of frontages as required by subdistrict (see Attachment 3 - Downtown Zoning District Guidebook).

Shopfront. The shopfront features buildings close to the sidewalk, shopfront windows, at street level, and most often active uses on the ground floor.

Forecourt. The forecourt is similar to the Shopfront in that buildings are typically built close to the sidewalk, but recesses are permitted to accommodate elements such as outdoor dining or small courtyards.

Stoop. The stoop is common on residential-type buildings built close to the sidewalk. It is shallow, covered, and typically raised above the sidewalk.

Porch. The porch is common on residential-type buildings that have a shallow yard between the building and sidewalk. Porches are deep enough to function as a covered outdoor extension of the building.

Parking. The parking frontage acknowledges that certain areas may require parking between the building and the street. Such parking is typically limited and is screened from the sidewalk by a year-round landscaped buffer.

Yard. The yard is simply a deeper lawn between the face of the building and the sidewalk. The lawn typically contains turf grass but may include landscaping and trees.

§ LD-12-12.25 Lighting.

[Added 10-13-2020 by Ord. No. 2020-1852]

Intent. Standards for lighting in Downtown Bernardsville are necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also, that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.

Security Lighting. Where used for security purposes or to illuminate walkways, roadways and parking lots, only shielded light fixtures shall be used.

Commercial Lighting. Where used for commercial purposes such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and comply with the following:

Light fixtures used to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform, shall use a narrow cone beam of light that will not extend beyond the illuminated object.

Other upward directed architectural, landscape or decorative direct light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.

Externally illuminated signs including commercial building identification or other similar illuminated signs, shall comply with the following:

(a)

Top mounted light fixtures shall be shielded and are preferred.

(b)

When top mounted light fixtures are not feasible, illumination from other positioned light fixtures shall be restricted to the sign area. Visors or other directional control devices shall be used to keep spill light to an absolute minimum.

All other outdoor lighting shall use shielded light fixtures.

Floodlight type fixtures, once properly installed, shall be permanently affixed in the approved position.

Foundations supporting lighting poles not installed four feet behind the curb, shall not be less than 24 inches above ground.

When 50% or more of existing outdoor light fixtures are being replaced or modified, then all lighting must be made to conform to the provisions of this section.

Light Trespass (Nuisance Light). All light fixtures, except street lighting, shall be designed, installed and maintained to prevent light trespass, as specified below:

At a height of five feet above the property line of subject property, illuminations from light fixtures shall not exceed 0.1 foot-candles in a vertical plane on residentially zoned property.

Outdoor light fixtures properly installed and thereafter maintained, shall be directed so that there will not be any objectionable direct glare source visible above a height of five feet from any property or public roadway.

Light fixtures near adjacent property may require special shielding devices to prevent light trespass.

Note: Illustrations for the application of the regulations set forth herein are illustrated in Attachment 3 entitled: "Bernardsville Downtown Zoning District Guidebook."

§ LD-12-13 through § 12-16. (RESERVED) [1]

[1]

Editor's Note: Ord. No. 2020-1852 repealed the O-B Office Building District previously codified in § 12-13. Prior history includes Ord. No. 581. Ord. No. 2020-1852 repealed the C-1 Commercial District previously codified in § 12-16. Prior history includes Ord. Nos. 581, 769, 824, 93-947, 94-982, 94-990, 2003-1323, 2004-1356, and 2014-1654.

§ LD-12-17 AFFORDABLE HOUSING OVERLAY ZONE DISTRICTS.

§ LD-12-17.1 AHO-3 Affordable Housing District.

§ LD-12-17.1.1 Primary Intended Use.

[Ord. No. 2018-1772]

Affordable family rental multi-family dwellings;

Market rate multi-family dwellings;

A commercial use at ground level;

Parking and facilities in accordance with § 9-10 of this chapter or Residential Site Improvement Standards as deemed appropriate by the local approving Board;

Lower level parking that is more than half its height above mean building elevation shall be a story, and

Other accessory uses customarily incident to the above uses provided they not include any activity commonly conducted for gain unless specifically permitted by this Article.

Commercial uses are not permitted unless the use is within a mixed-use inclusionary development.

Inclusionary developments must contain at least 500 square feet of commercial space at ground floor.

Buildings on a street corner must contain at least 1,000 square feet of commercial space at ground floor. If a building has two frontages on a street corner, it must provide at least 1,000 square feet at each corner.

§ LD-12-17.1.2 Required Conditions.

[Ord. No. 2018-1772]

The following requirements must be complied within the AHO-3 Affordable Housing Districts:

Height. No building shall exceed a maximum of four stories or 40 feet in height, whichever is the lesser,

Open Space. No more than 95% of a lot may be covered by an impervious surface. Any open space provided at ground level must have at least one dimension measuring at least 20 feet on the side and no dimension measuring smaller than three feet,

Driveway Position. No portion of any driveway hereafter constructed shall be within 10 feet of a lot line of an adjacent property,

Minimum Lot Area. The minimum lot area is 24,000 square feet

Lot Shape. It must be possible to fit a circle with a diameter of 100 feet completely within the lot,

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1000
Units with more than three bedrooms are not permitted.

The maximum number of dwelling units shall be 32 units per acre, producing 80 rental units which shall include 15% or 12 units for affordable family rental households.

There shall be a minimum of three affordable family rental units provided for every 24,000 square feet of lot area.

Minimum distance between apartment buildings is 20 feet.

No building shall contain more than 20 dwellings.

§ LD-12-17.1.3 Design Standards.

[Ord. No. 2018-1772]

The design standards contained herein shall supplement the design and performance standards contained in Article 9-10 of Borough of Bernardsville Regulations. If there is a conflict, Article 9-10, as amended from time to time, this section shall apply.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

The appearance of the side and rear elevations of buildings is important. Therefore, guidelines for the fronts of buildings shall also apply to the rear and sides where visible at street level from a public right-of-way.

Buildings shall be designed so as to prevent exterior elevations from containing large expanses of blank, windowless or featureless walls. Also, large expanses of windows, including curtain-wall windows and other design elements not at a human scale, are strongly discouraged.

The type, shape, pitch, feature and color of any roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

All open space shall be designed and landscaped in a way to allow for easy maintenance and limited encroachment onto any public right of way. Additionally, all private open space shall be designed in a way that allows for a reasonable level of enjoyment by residents.

Green building strategies are encouraged in the AHO-3 Overlay Zone.

§ LD-12-17.2 AHO-4 Affordable Housing District.

§ LD-12-17.2.1 Primary Intended Use.

[Ord. No. 2018-1772]

Affordable family multi-family dwellings:

Townhouses

Apartments

Parking and facilities in accordance with § 9-10 of this chapter or Residential Site Improvement Standards as deemed appropriate by the local approving Board, and

Other accessory uses customarily incident to the above uses provided they not include any activity commonly conducted for gain unless specifically permitted by this article.

§ LD-12-17.2.2 Required Conditions.

[Ord. No. 2018-1772]

The following requirements must be complied within the AHO-4 Affordable Housing Districts:

Height. No building shall exceed a maximum of 3.5 stories or 40 feet in height, whichever is the lesser,

Front Yard. There shall be a front yard of not less than 50 feet,

Side Yards. There shall be two side yards, and no side yard shall be less than 20 feet,

Rear Yards. There shall be a rear yard of at least 50 feet,

Driveway Position. No portion of any driveway hereafter constructed shall be within 10 feet of a lot line of an adjacent property,

Minimum Lot Area. The minimum lot area is 25 acres.

Lot Shape. It must be possible to fit a circle with a diameter of 170 feet completely within the lot,

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1000
Units with more than three bedrooms are not permitted.

At least six affordable family rental units shall be for very low-income households.

Minimum distance between buildings is 20 feet.

Maximum density is 14 family rental dwelling units per non-critical area. Critical areas include: slopes of 15% or greater, wetlands, lakes, ponds and open waterways, and conservation easements. 15% of total dwelling units shall be for affordable family rental households; or 20% of total dwelling units shall be for affordable owner-occupied family households.

§ LD-12-17.2.3 Design Standards.

[Ord. No. 2018-1772]

Overall development shall have a compatible design, architectural and landscaping scheme for the site,

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

Guidelines for the fronts of buildings shall also apply to the rear and sides where visible at street level from a public right of way.

The type, shape, pitch, feature and color of any roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

Green building strategies are encouraged in the AHO-4 Overlay Zone.

§ LD-12-18 I INDUSTRIAL DISTRICT.

§ LD-12-18.1 Primary Intended Use.

[Ord. No. 95-1030 § 12-15.1; Ord. No. 2013-1627; Ord. No. 2015-1699 § 2; Ord. No. 2018-1779; Ord. No. 2018-1783]

In the Industrial District a building may be erected or used and a lot may be used or occupied for any of the following purposes and uses and no other:

The processing of stone or rock products. Processing shall include grinding, polishing, coloring and otherwise treating the raw materials, as well as, the further use of such products in the manufacture of derivative or secondary products which are substantially different in form or character from the original raw materials.

Bulk storage, wholesale and warehousing. (1) Wholesale establishments including, but not limited to, lumber and building materials sales, machinery sales and service, contractors' heavy equipment sales, rental and service and nursery and landscaping sales; (2) the storage of building material, trees, tree parts and bulk materials; (3) the parking or storage of vehicles or the maintenance or repair of commercial and industrial vehicles or equipment; and (4) parcel delivery and service distribution facilities.

Shops such as construction and industrial trade shops, boat works (custom building and repair), ornamental iron workshops and monument works.

The manufacture or assembly of small parts and equipment.

Public utilities and facilities.

Self-storage facilities.

Fuel oil storage and distribution.

Recycling facility for the recycling of concrete, asphalt and soil.

Retail sales shall be allowed as an accessory use incidental and subordinate to uses permitted in this zone. Areas devoted to retail sales shall be limited to 1,000 square feet.

Materials recovery facility; shall be subject to the following:

[Added 7-13-2020 by Ord. No. 2020-1843[1]]

Materials to be recovered and recycled are limited to construction, demolition, and bulky solid waste; and

Demonstration that the applicant-user can comply with all Somerset County and State Department of Environmental Protection rules and regulations, including, but not limited to, N.J.A.C. 7: 26-2.1 et seq.; and

Capacity of facility is less than 100 tons per day; and

All construction, demolition and bulky solid waste materials shall be delivered, separated and processed within an enclosed building.

[1]

Editor's Note: This ordinance also redesignated former Subsection j as Subsection k.

Other accessory uses on the same lot and customarily incidental to the principal use, such as office and shipping facilities, machine shop, locker room, boiler room, scale house, concrete plant, asphalt plant and rock crushers.

§ LD-12-18.2 Prohibited Use.

[Ord. No. 95-1030 § 12-15.2]

Any use other than those in Subsection 12-18.1 is prohibited as well as any use which is predominantly retail oriented or will produce or emit injurious noise, fumes, smoke, odor, vibration or hazard to the community.

§ LD-12-18.3 Required Conditions.

[Ord. No. 95-1030 § 12-15.3; Ord. No. 2005-1377 § 3]

The following conditions must be complied with in the Industrial District:

Minimum Lot or Condominium Area. The Industrial District may be subdivided into separate lots or condominium areas which shall have a minimum area of 50,000 square feet, and a shape which can accommodate a 100-foot diameter circle.

Height. No building shall exceed a height of two stories or 35 feet, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 10 feet.

Side Yards. There shall be a fifteen-foot setback along one side of the property which shall be kept clear for the purpose of emergency access.

Rear Yard. There shall be a fifteen-foot rear yard setback which shall be kept clear for emergency equipment access.

Access. The individual lots or condominium parcels shall be provided access by a private drive within a right-of-way of at least 40 feet in width. A declaration of rights shall be recorded.

The maximum lot area coverage shall be 75%.

Minimum Frontage. Each lot or condominium parcel shall have a minimum frontage of 50 feet along the private right-of-way.

Prior to final site plan or subdivision approval, a condominium or property owners association shall be established to take care of the development and maintenance of all private facilities and services supporting this district including, but not limited to private road, entrance and railroad gate, stormwater management, perimeter fencing and berming, pond security, water supply, sewerage collection and treatment facilities, signage and slope stability.

That portion of the Industrial District above elevation 400 and between the elevation and the Residential District(s) shall be a conservation area where no building or industrial activity shall take place, as shown on the Zone Boundary Amendment Map prepared by Yannaccone Associates, Inc. dated March 23, 1995 and amended to April 27, 1995.

Parking and loading shall be provided in accordance with § 9-10.

§ LD-12-19 I-2 LIGHT INDUSTRIAL ZONE DISTRICT.

§ LD-12-19.1 Primary Intended Use.

[Ord. No. 96-1057 § 1; Ord. No. 2005-1376 § 1]

This zone district is provided for existing light industrial workshops and other similar uses. Because of the limited capacity of local streets adjacent to this zone, uses which generate nonresidential vehicle traffic are to be limited and uses which have large numbers of commercial vehicles are prohibited.

Workshops of craftsman and tradesman in the construction industry, ornamental ironwork workshops, monument workshops and similar workshop establishments.

Self-storage facilities.

Light industrial workshops and/or assembly of small parts workshops.

§ LD-12-19.2 Accessory Uses.

[Ord. No. 96-1057 § 1]

Customary and incidental accessory uses to a principal use such as office, shipping facilities, machine ship, locker room, fuel storage, employee parking and equipment parking are permitted.

§ LD-12-19.3 Accessory Structures.

[Ord. No. 96-1057 § 1]

Customary and incidental accessory structures to the principal structure such as storage sheds and garages are permitted. The height shall not exceed one story or 15 feet whichever is the lesser. All yards for an accessory structure shall be a minimum of 15 feet. No accessory structure shall be located in the front yard.

§ LD-12-19.4 Prohibited Uses.

[Ord. No. 96-1057 § 1]

Retail sales of goods and services.

Vehicle maintenance and repair facilities.

Distribution or warehousing.

Commercial waste hauler depot or waste transfer station.

Fuel distribution business.

Trucking uses.

Storage and/or parking of equipment and/or vehicles not accessory to the principal permitted use.

§ LD-12-19.5 Required Conditions.

[Ord. No. 97-1057 § 1]

Height. No building shall exceed a height of two stories or 30 feet, whichever is the lesser.

Front Yard. Not less than 10 feet for existing structures and not less than 40 feet for new structures.

Side Yards. Not less than 15 feet for existing structures and not less than the height of the principal structure for new structures.

Rear Yard. Not less than 15 feet for existing structures and not less than the height of the principal structure for new structures.

Minimum Lot Area. There shall be a minimum lot area, as defined, of 20,000 square feet; the lot shape shall be such that the minimum lot width at the front setback line is 100 feet.

Maximum lot area coverage for structures is 30%.

Maximum impervious coverage is 70%.

§ LD-12-19.6 Buffer Areas.

[Ord. No. 96-1057 § 1]

All required setbacks shall be landscaped areas and shall not contain any structures, storage, parking or other similar improvements or uses. Where the property abuts a residential zone, a fifteen-foot buffer shall be established consisting of either natural vegetation or landscape plantings to form a vision proof barrier into the I-2 property.

§ LD-12-19.7 Parking.

[Ord. No. 96-1057 § 1]

Parking shall be provided as in § 9-10 of this chapter.

Parking shall only be permitted for those commercial vehicles which are owned or used by an on-site use permitted in this zone district.

No more than 40% of vehicle parking shall be for commercial and/or nonresidential type vehicles.

§ LD-12-19.8 Vehicle Operation.

[Ord. No. 96-1057 § 1]

No commercial vehicle associated with permitted land uses within the zone shall be operated on the property, nor ingress and egress, the property between the hours of 7:00 p.m. and 7:00 a.m. In the event of an emergency service provided by any of the permitted land uses, these hours of operation shall not apply.

§ LD-12-20 AFFORDABLE HOUSING ZONE DISTRICTS.

§ LD-12-20.1 AH-1 AFFORDABLE HOUSING DISTRICT.

[Ord. No. 2018-1772 § 5]

Primary Intended Use.

Affordable family rental multi-family dwellings:

(a)

Townhouses.

(b)

Apartments.

Parking and facilities in accordance with § 9-10 of this chapter or Residential Site Improvement Standards as deemed appropriate by the local approving Board,

Other accessory uses customarily incident to the above uses provide they not include any activity commonly conducted for gain unless specifically permitted by this article, and

No more than one principal building on a lot.

Required Conditions.

The following requirements must be complied with in the AH-1 Affordable Housing Districts:

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser,

Front Yard. There shall be a front yard of not less than 15 feet,

Side Yards. There shall be two side yards, and no side yard shall be less than 10 feet,

Rear Yards. There shall be a rear yard of at least 10 feet,

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1,000
Units with more than 3 bedrooms are not permitted.

The maximum number of dwelling units shall not exceed six affordable family rental units.

Design Standards.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

Buildings shall be designed so as to prevent exterior elevations from containing large expanses of blank or featureless walls. Also, large expanses of windows, including curtain-wall windows and other design elements not at a human scale, are strongly discouraged.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

10.

Green building strategies are encouraged in the AH-1 Zone.

§ LD-12-20.2 AH-2 AFFORDABLE HOUSING DISTRICT.

[Ord. No. 2018-1772 § 5; Ord. No. 2018-1778 § 2]

Primary Intended Use.

Affordable family rental multi-family dwellings:

(a)

Townhouses.

(b)

Apartments.

Parking and facilities in accordance with § 9-10 of this chapter or Residential,

Site Improvement Standards as deemed appropriate by the local approving Board,

Other accessory uses customarily incident to the above uses provide they not include any activity commonly conducted for gain unless specifically permitted by this article.

Required Conditions.

The following requirements must be complied with in the AH-2 Affordable Housing Districts:

Height. No building shall exceed a maximum of 3.0 stories or 35 feet in height, whichever is the lesser,

Front Yard. There shall be a front yard of not less than 25 feet,

Side Yards. There shall be two side yards, and no side yard shall be less than 20 feet,

Rear Yards. There shall be a rear yard of at least 20 feet,

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1,000
Units with more than three bedrooms are not permitted.

The maximum number of dwellings shall not exceed 30 rental age-restricted affordable dwellings.

At least one-third of the affordable dwelling units shall be for very low-income households as defined in the definitions.

Minimum distance between buildings is 20 feet.

Design Standards.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

10.

Green building strategies are encouraged in the AH-2 Zone.

§ LD-12-20.3 AH-3 AFFORDABLE HOUSING DISTRICT.

[Ord. No. 2018-1772 § 5; amended 6-27-2022 by Ord. No. 2022-1918]

Primary Intended Use.

Affordable family rental multi-family dwellings:

(a)

Townhouses.

(b)

Apartments.

Parking and similar such facilities.

(a)

Parking shall be required in accordance with N.J.A.C. § 5:21-4.14, Residential Site Improvement Standards.

(b)

Parking regulations may be relaxed by the approving Board without need for variance relief where an applicant can demonstrate to the Board's satisfaction that parking standards can be reduced pursuant to N.J.A.C. § 5:21-4.14(c) where an alternative standard better reflects local conditions. Factors affecting the minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.

Other accessory uses customarily incident to the above uses provide they do not include any activity commonly conducted for gain unless specifically permitted by this Article.

Required Conditions. The following requirements must be complied with in the AH-3 Affordable Housing Districts:

Height. No building shall exceed a maximum of 3.0 stories and 40 feet in height.

Front Yard. There shall be a front yard of not less than 35 feet however, entryways porches and terraces may encroach into the required front yard setback but shall not encroach greater than 15 feet.

Side Yards. There shall be two side yards, and no side yard shall be less than 15 feet.

Rear Yards. There shall be a rear yard of at least 50 feet.

Maximum Building Coverage. Maximum building coverage shall not exceed 30%.

Maximum Impervious Coverage. Maximum impervious coverage shall not exceed 50%.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1,000
Units with more than three bedrooms are not permitted.

The maximum number of family rental affordable dwellings shall not exceed 26 inclusive of one superintendent unit.

10.

Residential development shall be restricted to only affordable housing units and shall be subject to all terms and conditions pursuant to Article 13 of this chapter entitled "Affordable Housing."

11.

As an affordable housing development, and in an effort to remove unnecessary cost generative fees, such development shall be exempt from any tree replacement fees, traffic impact fees, open space fees, or such other similar impact fees in the Land Use Ordinance.

12.

Steep slope disturbance regulations pursuant to Subsection 14-2.6 regarding maximum surface disturbance of steep slope areas is hereby modified specific to this zone as follows:

Maximum Surface Disturbance Shall Not Exceed:
Slope Category	Percent of Category
15-24.99%	75%
25-29.99%	55%
30% or greater	50%

Design Standards.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

10.

Green building strategies are encouraged in the AH-3 Zone.

Superseding Other Zoning. The use, bulk, design and performance standards addressed in the AH-3 Zone shall supersede the zoning provisions and design standards of the balance of the Bernardsville Land Use Ordinance. To the extent regulations and standards of the AH-3 Zone are silent, the standards of the Land Use Ordinance shall apply.

§ LD-12-20.4 AH-4 AFFORDABLE HOUSING DISTRICT.

[Ord. No. 2018-1772 § 5]

Primary Intended Use.

Affordable family rental multi-family dwellings:

(a)

Townhouses

(b)

Apartments

Parking and facilities in accordance with § 9-10 of this chapter or Residential Site Improvement Standards as deemed appropriate by the local approving Board,

Other accessory uses customarily incident to the above uses provide they not include any activity commonly conducted for gain unless specifically permitted by this Article.

Required Conditions.

The following requirements must be complied with in the AH-1 Affordable Housing Districts:

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 25 feet.

Side Yards. There shall be two side yards, and no side yard shall be less than 10 feet.

Rear Yards. There shall be a rear yard of at least 15 feet.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1,000
Units with more than three bedrooms are not permitted.

The maximum number of dwelling units shall not exceed 10 affordable family units.

Minimum distance between buildings is 20 feet.

Design Standards.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

10.

Green building strategies are encouraged in the AH-4 Zone.

§ LD-12-20.5 AH-5 AFFORDABLE HOUSING DISTRICT.

[Ord. No. 2018-1772 § 5]

Primary Intended Use.

Affordable family rental multi-family dwellings:

(a)

Townhouses.

(b)

Apartments.

Parking and facilities in accordance with § 9-10 of this chapter or Residential Site Improvement Standards as deemed appropriate by the local approving Board.

Other accessory uses customarily incident to the above uses provide they not include any activity commonly conducted for gain unless specifically permitted by this Article.

Required Conditions.

The following requirements must be complied with in the AH-5 Affordable Housing Districts:

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 25 feet.

Side Yards. There shall be two side yards, and no side yard shall be less than 10 feet.

Rear Yards. There shall be a rear yard of at least 25 feet.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1,000
Units with more than three bedrooms are not permitted.

The maximum number of family rental affordable dwellings shall not exceed eight units.

Minimum distance between buildings is 15 feet.

Design Standards.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

10.

Green building strategies are encouraged in the AH-5 Zone.

§ LD-12-20.6 AH-6 Affordable Housing District.

[Added 6-27-2022 by Ord. No. 2022-1918]

Primary Intended Use.

Affordable family rental multi-family dwellings:

(a)

Townhouses.

(b)

Apartments.

Parking and similar such facilities.

(a)

Parking shall be required in accordance with N.J.A.C. § 5:21-4.14, Residential Site Improvement Standards.

(b)

Parking regulations may be relaxed by the approving Board without need for variance relief where an applicant can demonstrate to the Board's satisfaction that parking standards can be reduced pursuant to N.J.A.C. § 5:21-4.14(c) where an alternative standard better reflects local conditions. Factors affecting the minimum number of parking spaces include but are not limited to household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.

Other accessory uses customarily incident to the above uses provide they do not include any activity commonly conducted for gain unless specifically permitted by this Article.

Required Conditions. The following requirements must be complied with in the AH-6 Affordable Housing Districts:

Height. No building shall exceed a maximum of 2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 10 feet however, entryways and porches may encroach into the front yard setback but by no more than 5 feet.

Side Yards. There shall be two side yards, and no side yard shall be less than 5 feet.

Rear Yards. There shall be a rear yard of at least 8 feet.

Maximum Building Coverage. Maximum building coverage shall not exceed 25%.

Maximum Impervious Coverage. Maximum impervious coverage shall not exceed 65%.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1,000
Units with more than three bedrooms are not permitted.

The maximum number of family rental affordable dwellings shall not exceed twelve (12) units.

10.

Residential development shall be restricted to only affordable housing units and shall be subject to all terms and conditions pursuant to Article 13 of this chapter entitled "Affordable Housing."

11.

Design Standards.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract are permitted but shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

10.

Green building strategies are encouraged in the AH-6 Zone.

Superseding Other Zoning. The use, bulk, design and performance standards addressed in the AH-6 Zone shall supersede the zoning provisions and design standards of the balance of the Bernardsville Land Use Ordinance. To the extent regulations and standards of the AH-6 Zone are silent, the standards of the Land Use Ordinance shall apply.

§ LD-12-20.7 AH-7 Affordable Housing District.

[Added 6-27-2022 by Ord. No. 2022-1918]

Primary Intended Use.

Affordable family rental multi-family dwellings:

(a)

Townhouses.

(b)

Apartments.

Parking and similar such facilities.

(a)

Parking shall be required in accordance with N.J.A.C. § 5:21-4.14, Residential Site Improvement Standards.

(b)

Parking regulations may be relaxed by the approving Board without need for variance relief where an applicant can demonstrate to the Board's satisfaction that parking standards can be reduced pursuant to N.J.A.C. 5:21-4.14(c) where an alternative standard better reflects local conditions. Factors affecting the minimum number of parking spaces include household characteristics, availability of mass transit, urban versus suburban location, and available off-site parking resources.

Other accessory uses customarily incident to the above uses provide they do not include any activity commonly conducted for gain unless specifically permitted by this Article.

Required Conditions. The following requirements must be complied with in the AH-7 Affordable Housing Districts:

Height. No building shall exceed a maximum of 2 stories or 35 feet in height, whichever is the lesser.

Front Yard. There shall be a front yard of not less than 10 feet from Bernards Avenue and not less than 5 feet from Grove Street, however, entryways and porches may encroach into the front yard setback but by no more than 5 feet from Bernards Avenue which shall serve as the main entrance to the building.

Side Yards. There shall be two side yards, and no side yard shall be less than 5 feet.

Rear Yards. None.

Maximum Building Coverage. Maximum building coverage shall not exceed 40%.

Maximum Impervious Coverage. Maximum impervious coverage shall not exceed 85%.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of:

Unit Type	Minimum Floor Area (Square Feet)
0 Bedroom (Studio)	500
1 Bedroom	675
2 Bedrooms	900
3 Bedrooms	1,000
Units with more than three bedrooms are not permitted.

The maximum number of family rental affordable dwellings shall not exceed twenty-two (22) units.

10.

Residential development shall be restricted to only affordable housing units and shall be subject to all terms and conditions pursuant to Article 13 of this chapter entitled "Affordable Housing."

Design Standards.

New buildings shall relate to existing buildings and other structures in the vicinity that have a visual relationship to the site.

Multiple buildings on a single tract are permitted but shall be designed so as to be architecturally compatible with one another, utilizing common color schemes and materials.

Building facades shall be consistent with the size, scale and setbacks of adjacent buildings and those where there is a visual relationship.

The type, shape, pitch, feature and color of a roof shall be architecturally compatible with the building style, material, colors and details of other buildings in the area.

Flat roofs shall be enclosed by parapets or other appropriate architectural details.

10.

Green building strategies are encouraged in the AH-7 Zone.

11.

Superseding Other Zoning. The use, bulk, design and performance standards addressed in the AH-7 Zone shall supersede the zoning provisions and design standards of the balance of the Bernardsville Land Use Ordinance. To the extent regulations and standards of the AH-7 Zone are silent, the standards of the Land Use Ordinance shall apply.

§ LD-12-21 R-3A RESIDENCE OVERLAY DISTRICT. [1]

[Added 11-22-2021 by Ord. No. 2021-1901]

[1]

Editor's Note: Ord. No. 2020-1852 repealed the HD-Highway Development District previously codified in § 12-21. Prior history includes Ord. Nos. 581, 769, 94-990, 2013-1623, 2014-1654

§ LD-12-21.1 Primary Intended Use.

[Added 11-22-2021 by Ord. No. 2021-1901]

This zone district is designed for single family residential development as permitted and regulated within the underlying R-3 Residence District however, in addition to those uses permitted within the R-3 Residence District, the R-3A Residence Overlay District shall also permit two-family residences designated solely for affordable housing subject to all the regulations and restrictions of the underlying R-3 zone. Any two-family residence within the R-3A Residence Overlay District shall be deed restricted as affordable housing units in accordance with the Borough of Bernardsville Affordable Housing Ordinance requirements.

§ LD-12-22 R-1-10 RESIDENCE DISTRICT.

§ LD-12-22.1 Primary Intended Uses.

[Ord. No. 2002-1271 § 1]

This zone district is designed for single family residential use but permits:

Private garages conforming to Subsection 12-23.4.

Local municipal public buildings and uses.

Farming and Truck Gardening. No building nor other shelter for keeping of any farm animal or fowl shall be permitted closer to any street than 300 feet nor closer to any other property line than 100 feet.

Parking and facilities in accordance with § 9-10 of this chapter.

Signs conforming to Subsection 12-23.15 of this chapter.

Other accessory uses customarily incident to the above uses provided they do not include any activity commonly conducted for gain unless specifically permitted in this Article.

Conditional uses pursuant to § 12-25, limited to the following:

Open Space Residential Development;

Professional uses;

Institutional uses;

Public utilities;

Caretaker's accessory apartments;

Accessory dwelling unit, detached.

Not more than one principal building on a lot.

§ LD-12-22.2 Prohibited Uses.

[Ord. No. 2002-1271 § 1]

Any use other than those uses listed in Subsection 12-5.1 is prohibited.

§ LD-12-22.3 Required Conditions.

[Ord. No. 2002-1271 § 1; Ord. No. 2002-1274 §§ 7, 8; Ord. No. 2009-1508 § 1; Ord. No. 2009-1516 §§ 1, 2]

The following requirements must be complied with in the R-1-10 Residence District:

Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is the lesser.

Rear Yards. There shall be a rear yard of at least 100 feet. This requirement shall apply for a new building and for an alteration to an existing building.

Access Corridor. No lot shall have a street frontage of less than 50 feet. The width of any corridor providing access to a street shall be at least 50 feet at all points.

Driveway Position. No portion of any driveway hereafter constructed shall be within 10 feet of a lot line of an adjacent property.

Minimum Lot Area. The minimum lot area is 435,600 square feet.

Lot Shape. It must be possible to fit a circle with a diameter of 475 feet completely within the lot.

Maximum Surface Disturbance per Lot Shall Not Exceed the Greater of:
Slope Category	Percent of Category	Square Feet
15-24.99%	20%	1,000
25-29.99%	None	500
30% or greater	None	250

Exemptions. The following are exempt from the above slope disturbance limits:

(a)

(1)

Septic system repairs/alterations with no expansion of use (as defined in N.J.A.C. 7:9A), such as to accommodate additional bedrooms; and

(2)

The slope area to be disturbed is the minimum amount possible to complete the alteration; and

(3)

The design engineer certifies on the plan that there is no practicable alternative for the placement of the system on the property that disturbs no steep slope areas; and

(4)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

(5)

(b)

Temporary disturbance of land for the installation of underground lines (sewer laterals, water service, other utility lines) servicing existing buildings, subject to the following conditions:

(1)

(2)

Temporary disturbance, such as temporary construction clearing or temporary storage of dirt or equipment, shall be the minimum size necessary; and

(3)

The activities shall not cause any change in preconstruction elevation of the steep slope area; and

(4)

Backfill the uppermost six inches of any excavation with the original topsoil material; and

(5)

The disturbed area shall be replanted with indigenous plants;

(6)

The disturbed area shall be stabilized in accordance with the requirements of the appropriate Soil Conservation District.

Minimum Floor Area. Every dwelling hereafter erected shall have a minimum floor area excluding garages of 1,500 square feet.

Additional Requirements. For additional requirements relating to floor area, impervious coverage and front setback modification, see Subsection 12-23.19.

§ LD-12-22.4 Nonconforming Lots.

[Ord. No. 2002-1271 § 1]

Lots which do not conform to the R-1-10 minimum lot size of 435,600 square feet but which conformed to the R-1 lot size at the time of adoption of the R-1-10 Zone District shall be classified as conforming lots and shall be afforded all rights and privileges thereto consistent with the area, height and bulk standards of the R-1 Zone District.

§ LD-12-23 SUPPLEMENTARY REGULATIONS AND GENERAL PROVISIONS.

§ LD-12-23.1 Accessory Building.

[Ord. No. 581 § 12-17.2A; Ord. No. 97-1094 §§ 8,9; Ord. No. 98-1148 § 1; Ord. No. 99-1167 § 4; amended 10-26-2020 by Ord. No. 2020-1858]

No accessory building may be built on any lot on which there is no principal building or structure. If, as the result of a subdivision, an existing accessory building is located on a new lot on which there is no principal building or structure, that accessory building may remain on the lot, but it may not be used until a new principal building or structure is built on that lot.

No accessory building shall exceed the height regulations of the district in which it is constructed, provided, however, this shall not apply to accessory farm buildings such as barns, silos and water towers.

Accessory buildings shall be at least 10 feet from any principal building situated on the same lot, unless an integral part thereof, and shall be at least six feet from any other accessory building.

Accessory buildings on corner lots may not be erected nearer to the street than the front yard required on the adjacent lot.

No accessory building wall shall be located nearer to any side or rear lot line than the following distances:

R-1	40 feet*
R-1-10	40 feet*
R-1A	40 feet*
R-2	30 feet
R-3	15 feet
R-4	10 feet
R-5	7 feet

* See Subsection g below.

No accessory building shall be used as a dwelling unit in any of the zone districts except as provided in Subsection 12-5.1g relative to detached accessory dwelling units in the R-1 zone if approved as a conditional use.

No accessory building shall be erected in a front yard. On a residential lot, nonhabitable accessory structures limited to swimming pools, tennis courts, and garages are permitted in a front yard provided they are located at least 1 1/2 times the minimum front yard setback from the front street property line.

All accessory buildings over 20 feet in height as defined in this chapter and located in the R-1, R-1-10 and R-1A Zones shall be set back a distance equal to two times the building height (as defined by this chapter).

§ LD-12-23.2 Public Utilities.

[Ord. No. 581 § 12-17.2; Ord. No. 91-870 § 1]

Nothing in this chapter shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewers and telephone, electric, cable TV and natural gas distribution lines, along with related attendant facilities, intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency. Other public utility installations, including, but not necessarily limited to, utility service and maintenance yards, electrical power generating stations, utility truck storage and utility maintenance buildings and yards, are permitted as conditional uses, but only when meeting the requirements of Subsection 12-25.21.

§ LD-12-23.3 Driveways.

[Ord. No. 581 § 12-17.2; Ord. No. 94-992 § 2; Ord. No. 2015-1688 § 2]

To facilitate access by fire engines all driveways must meet the following standards:

To permit turnaround, driveways of 200 feet or more in length (from street to principal structure) shall provide either a K-turn with at least 50 feet depth, at least 14 feet improved width, and at least 45 feet center line radius, or a loop of at least 14 feet improved width and at least 45 feet center line radius, or other equivalent facilities approved by the Fire Prevention Bureau, within 200 feet of the principal structure.

For driveways longer than 50 feet (from street to principal structure), horizontal curves shall have a center line radius of at least 45 feet and improved width of at least 14 feet, and the remainder of the driveway shall have an unobstructed width of at least 12 feet (for instance, at gates).

At the intersection of a driveway longer than 50 feet (from street to principal structure) with the street, the first 30 feet of the driveway shall not have a change in slope in excess of 15% inclusive of the crown of the road. All angles between the driveway center line and the street shall be 60° or more.

See also Subsection 12-23.19d.

§ LD-12-23.4 Garages in Residential Zone Districts.

[Ord. No. 581 § 12-17.3; Ord. No. 2015-1697 § 2]

No building permit shall hereinafter be granted for the erection of a garage for more than four motor vehicles in a residential zone district. A garage shall be connected by an adequately surfaced driveway to the adjacent street, road or lane. The provisions of this section must be met on the single lot for which the garage, carport or approved shelter is accessory to the main use of the premises. These provisions shall not be deemed to limit commercial trucks or cars used upon a farm.

§ LD-12-23.5 Traffic Visibility Across Corner Lots.

[Ord. No. 581 § 12-17.4]

On any corner lot in any residence zone district no fence, structure or planting over 30 inches in height above the curb or edge of roadway shall be erected or maintained within 20 feet of the corner property line so as to interface with traffic visibility across the corner.

§ LD-12-23.6 Corner Lots.

[Ord. No. 581 § 12-17.5; Ord. No. 97-1094 § 7]

Where a lot is bounded by more than one street or private road, the front setback requirement shall apply to all sides adjacent to the streets or private roads except, however, in the R-4 and R-5 Zones which shall use the minimum front setback from the side with the least street frontage and use the following setback from the street with the greater frontage: R-4 Zone, the greater of 30 feet or the result of subtracting 45 feet from the lot width perpendicular to the side of the lot with the longer street frontage, but the latter need not exceed the normal front yard setback; R-5 Zone, the greater of 15 feet or the result of subtracting 35 feet from the lot width perpendicular to the side of the lot with the longer street frontage, but the latter need not exceed the normal front yard setback. The other remaining sides which are not bounded by a street shall be considered as side yards with the applicable requirement for that zone.

§ LD-12-23.7 Outdoor Storage and Display of Merchandise for Sale.

[Ord. No. 581 § 12-17.6; Ord. No. 97-1085 § 2; Ord. No. 97-1103 § 1; Ord. No. 2005-1413 § 1; Ord. No. 2015-1704]

The outside storage and display of merchandise for sale ("outside" meaning any area not enclosed by walls on all sides and covered by a roof) shall be prohibited except as set forth below:

Outdoor Storage, Display and Sales in the B-1, C-1 and HD Districts:

Seasonal displays and sales of plants (including pumpkins), flowers, trees and shrubs shall be permitted from March 1 through December 31 of each year;

Storage of construction items, lumber and bagged materials (cement, peat moss, mulch, lime, etc.) can be located only in a rear or side yard, shall be properly screened from the roadway and neighboring properties, and shall be stacked no higher than six feet or the height of a single pallet or other load as delivered, whichever is the higher;

Sidewalk sales shall be governed by Subsection 12-12.1b; and

Used car sales shall be governed by Subsection 12-12.2.

General Restrictions.

Such merchandise cannot occupy any State, County or municipal right-of-way or designated fire lanes;

Such merchandise cannot occupy a public or private sidewalk unless the sidewalk is wide enough to include, along with the merchandise, an unobstructed walk width of at least four feet;

Such merchandise cannot occupy any vehicular driveway or accessway providing ingress and egress to the premises;

Such merchandise cannot occupy parking areas or portions thereof, including parking aisles and landscaped buffer areas; and

Additional lighting intended to accommodate the outside storage, display and sale of such merchandise must comply with municipal lighting standards.

§ LD-12-23.8 Zoning Affects All Structures, Buildings, and Land and the Use Thereof.

[Ord. No. 581 § 12-17.7]

No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction and uses shall be in conformity with the regulations provided for the zone district in which such building or premises is located.

§ LD-12-23.9 Nature and Extent of Uses of Land.

[Ord. No. 581 § 12-17.8]

The control and the regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.

§ LD-12-23.10 Dangerous Conditions.

[Ord. No. 581 § 12-17.9]

No permit shall be granted for a building or use if the design or construction of same involves or is likely to involve exceptional risk of traffic congestion, public safety or a hazard.

§ LD-12-23.11 Incongruous Buildings.

[Ord. No. 581 § 12-17.10]

No permit shall be granted for a building or use if the design or construction of any building or use is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.

§ LD-12-23.12 Subdivision of Lot.

[Ord. No. 581 § 12-17.11]

When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such manner as not to impair any of the provisions of this chapter or the Land Subdivision Ordinance of the Borough of Bernardsville.

§ LD-12-23.13 Yards.

[Ord. No. 581 § 12-17.12]

Every lot must provide front, rear and side yards as required by its zone district. All front yards must face upon a public street or private road approved by the Planning Board and no lot may contain more than one principal building.

§ LD-12-23.14 Required Area.

[Ord. No. 581 § 12-17.13]

No lot area, parking area, or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter.

§ LD-12-23.15 Signs.

[Ord. No. 581 § 12-17.14; Ord. No. 825 § 1; Ord. No. 890 §§ 1b. 1f.; Ord. No. 97-1103 § 2; Ord. No. 2000-1198 § 1; Ord. No. 2002-1291 § 1; Ord. #1484-2008 § 2; Ord. #2016-1713 § 2; Ord. No. 2018-1782; amended 10-26-2020 by Ord. No. 2020-1859]

Purpose. The purpose of the Sign Ordinance is to allow for effective signage appropriate to the character of each zoning district, to promote an attractive environment by minimizing visual clutter and confusion, to minimize adverse impacts on nearby property and to protect the public health, safety and general welfare.

General Sign Provisions. It is the intent this chapter to provide design criteria and control of signs located throughout the Borough of Bernardsville to assure a high level of attractiveness and compatibility with the site and character of the community. The following provisions apply generally to all signage.

Signs shall not be erected or maintained except in conformity with the provisions of this chapter.

Sign Erection Permit Required. No sign shall be constructed or displayed unless a sign erection permit shall have been obtained from the Construction Official except those exempt under § 12-23.a.16.

Review and Approval Procedure: Applications for sign erection permits shall be filed with the Zoning Officer and Construction Official. Applications shall include sketches and description of proposed signs including dimensions, graphics, colors, materials and construction details. Any modifications including colors, wording or graphics of existing signs shall be submitted for review. Permits shall be issued for approved applications upon payment of the established fee. If a variance is required, a denial letter shall be issued which specifies the relief required.

No sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring the view or by simulating official, directional or warning signs maintained by any Governmental Body, railroad or public utility concerned with the protection of the public health or safety. This shall include, but not be limited to, any sign visible from the public right-of-way which uses an arrow device or simulates a stop sign or stop light.

Signs advertising a use or a product shall be removed within 30 days of the dates such use ceases to be in existence or such product is no longer available.

No permanent sign shall be attached to trees, fence posts, stumps, utility poles, light poles, within the public right of way, bridges, rocks or like features not considered to be advertising structures.

All illuminated signs shall be either indirectly lighted or of the diffused lighting type, unless illuminated by an interior source. No sign shall be lighted by using unshielded incandescent bulbs, lasers, neon or gas discharge tubes, mirrors reflecting a direct light source or similar devices. Buildings or structures may not be outlined by tubing or strings of lights except for seasonal lighting which may remain on a building but shall not be illuminated post season.

No business sign shall be permitted which is not accessory to the business or use conducted on the property. Off premise signs including but not limited to advertising billboard signs are expressly prohibited.

Rotating signs, live action signs, and flashing, computer generated signage, variable message or scrolling signage, signs utilizing television monitors, and intermittent illuminated signs are prohibited.

10.

Banners, spinners, pennants, exposed LEDs or any moving object used for advertising purposes whether containing a message or not are prohibited, unless specifically authorized by the Governing Body for a special public event except a digital theatre marquee sign or traditional nonilluminated barbershop pole sign in the Downtown District shall be permitted.

11.

No sign shall be erected within or over the right-of-way of any street unless specifically authorized by this chapter, other ordinances of the Borough, or by the relevant governing body or agency.

12.

All signs, other than permitted temporary signs, shall be constructed of durable materials and shall be adequately maintained. All cracked, warped or broken members of a sign shall be replaced or repaired. All broken or cracked glass shall be replaced. All permitted illuminated signs shall be maintained so that all light sources are fully functioning. Any sign which fails to meet the maintenance provisions of this chapter shall be repaired or removed within 60 days upon written notification by the Construction Official.

13.

Portable signs are prohibited except where permitted by other provisions of this chapter.

14.

Signs not exceeding two square feet in area, unless a larger sign is required by applicable law, may be used for a driveway entrance, exit or for warning and directional purposes provided the signs are limited to said uses, and provided further the signs do not bear thereon any type of commercial advertising.

15.

Any sign that is or shall become dangerous or unsafe in any manner whatsoever, or any sign erected hereafter contrary to the provisions of this chapter shall be repaired, made safe, and otherwise restored to its original condition in conformity with this chapter or shall be taken down and removed by the owner, lessor, agent or occupant of the building, property or land upon which it is placed or to which it is attached.

16.

The following exemptions shall apply only to the requirement for a sign permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition.

(a)

Memorial tablets or signs, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other noncombustible materials.

(b)

Traffic or other municipal signs, legal notices, railroad crossing signs, danger signs and such temporary emergency signs as may be erected by governmental or public utility employees in carrying out their official work.

(c)

Names on mailboxes.

(d)

Signs forbidding trespassing, hunting, fishing or trapping as authorized by the Fish and Game Laws. (Chapter 23 of the N.J. Revised Statutes).

17.

There shall be permitted one wall or ground sign not exceeding 12 square feet located on the premises of places of worship, Sunday school buildings, public libraries, muesums, parish houses, buildings used exclusively by Federal, State, County, and local governments for public purposes, public, private and parochial schools, and public recreational and community center buildings. No fee shall be required in connection with the permit for such a-sign. No such sign shall be located closer than 15 feet to a property line or within the lesser of 15 feet or 1/2 the setback of the principal building, but in no event less than five feet, from a street right-of-way line.

18.

No sign shall contain words or graphics which are offensive to the community's standards.

19.

Construction materials of signs shall be selected to complement the architecture and building materials of the building on which they are located, or to which they are related, as well as surrounding buildings.

20.

Any signs other than those for which provision is expressly made under this section are prohibited.

Temporary Signs. The following temporary signs are permitted in all zones (unless otherwise indicated). In no case shall a temporary sign be illuminated.

Real estate signs advertising the prospective sale or rental of the premises (as used herein, real estate signs) upon which they are located are permitted only as follows.

(a)

Real estate signs shall be not more than six square feet in area in residential zones and not more than 12 square feet in area in nonresidential zones.

(b)

Not more than one real estate sign, which may be double-faced, shall be placed on a property. If a property has frontage on two or more streets, other than two streets joining at a corner of the property, two signs may be placed on the property but only one on any street.

(c)

All real estate signs shall be removed within seven days of sale or complete rental of the property.

Signs are permitted on construction sites for the duration of the construction period as follows:

(a)

Major subdivisions: One on-tract sign not exceeding eight feet in height or 32 square feet in area.

(b)

New single family residence: One or more signs on a lot none of which exceed six feet in height. The total, aggregate area of signs may not exceed 24 square feet per lot.

(c)

Other construction including additions, alterations and repairs: One sign not exceeding six feet in height or eight square feet in area.

(d)

All such signs shall be on the subject property and shall be beyond the street right-of-way.

Farmers' signs advertising the sale of farm products produced within the Borough. Such signs shall not exceed 24 square feet in area. The signs shall be removed during seasons when products are not being offered for sale. Not more than two such signs shall be erected on any one property.

Signs announcing any educational, charitable, civic, or religious special event to be held in the Borough provided however, that such signs shall not be permitted for a period exceeding 14 days per special event in any one calendar year, shall not exceed 12 square feet in area and shall be removed within 48 hours of the conclusion of the event. There shall be not more than six off-site signs, Borough-wide, advertising any special event and no group shall be allowed to erect temporary off-site signs pursuant to this subsection for more than four special events per year. Signs under this subsection are subject to the limitations set forth in paragraph 8.

Signs relating to any political campaign shall be permitted in all zones. Such signs shall not exceed 12 square feet in area, shall not be permitted prior to 60 days of the election to which they relate and shall be removed within seven days of such election. Signs under this subsection shall be subject to the limitations set forth in subsection 8.

Announcements of the sale of an individual's personal property shall not exceed six square feet in area and shall not be displayed for a period exceeding 31 days in any calendar year.

Temporary window signs or lettering advertising sales or events in conjunction with permanent signs or lettering shall not cover more than 25% of the total aggregate window area and shall be removed within three days after termination of the sale or event advertised by the sign.

Notwithstanding the foregoing, temporary signs shall not:

(a)

Be erected without permission of the property owner(s);

(b)

Be erected in a Borough right-of-way without the permission of the Borough Zoning Officer;

(c)

Be erected in a County or State right-of-way without the permission of the appropriate authority;

(d)

Be erected where it may interfere with the ability of a person to see the street or highway ahead or official signs, signals or traffic control devices;

(e)

Be erected within the limits of traffic circles, median strips, grate separations or interchanges;

(f)

Be affixed to, suspended from, or made part of any highway structure or appurtenances;

(g)

Contain any lights; or

(h)

Contain subject matter not relating to that permitted for that sign by this subsection.

Signs in the Residential Zone Districts. In the residential districts, only the following signs shall be permitted:

One customary professional sign or nameplate sign for a permitted use not more than two square feet in area, which may be either a non-illuminated or an illuminated non-flashing sign, provided the direct source of light is shielded in such a manner that it is not visible from the street or any adjoining residential property unless said source is a porch light or a lamp post light.

A sign deemed necessary to the public welfare by the Governing Body or any other sign required by law.

Except for temporary signs, none of the signs permitted in the residential districts shall be erected nearer any street or road than half of the setback required for the principal building to be erected on said plot, provided that a nameplate sign not more than one square foot in area as regulated above may be placed anywhere within the front yard.

Temporary signs permitted under paragraph b.

Signs in the Industrial-1 and Industrial-2 Zone Districts. In the Industrial-1 and Industrial-2 zone districts, no sign shall be permitted which is not accessory to the business conducted on the property. Signs in such districts shall comply with design standards stated in § 12-23.15a. Any such sign must be erected only upon an entrance wall or wall fronting on a street, except as provided below, and must comply with the following requirements:

No wall sign shall extend further than six inches from the face of the building upon which it is attached, provided however, that where a sign extends more than three inches from the face of the wall, the bottom of the sign shall not be closer than 10 feet from the ground level below the sign.

The maximum height of any single sign shall not exceed 20% of the height of the building or five feet and the maximum width shall not exceed 90% of the width of the building facade to which the sign is attached.

The total sign area for all signs permitted on the face of any building shall not exceed 5% of the area of the face of the building upon which such sign or signs are attached.

Signs mounted at right angles to the face of a building shall not extend closer than 10 feet from the ground level below the sign. They shall not extend above the wall on which they are mounted. No sign shall project more than three feet from the building line or exceed 12 square feet in area.

If more than one sign is permitted on a site or building the signs shall be compatible with each other and with the character of the site and shall not obscure other signs or architectural features.

Window signs, including interior signs within two feet of window surfaces, shall not exceed 20% of the area of each window upon which such signs are displayed.

Properties in an Industrial Zone are permitted freestanding signs subject to the following restrictions.

(a)

There may be only one freestanding sign per lot.

(b)

The sign shall be located at least four feet from a street right-of-way line or property line and at least 50 feet from the point of intersection of the side lines of any two streets.

(c)

The sign shall have a solid background which shall not exceed 10 square feet in area nor more than three feet in width.

(d)

The top of the sign shall be located no more than eight feet above the ground below the sign nor more than eight feet above the curb line of the street immediately opposite the sign.

Provided there is no freestanding sign as provided in paragraph 7 above, an industrial property in an Industrial Zone having a street frontage of at least 300 feet shall be permitted one freestanding sign, subject to the following limitations and requirements:

(a)

The sign shall contain only the name of the industrial property or facility or the brand or the manufacturer's name of the principal product sold, or the service rendered.

(b)

The top of the sign shall not extend more than 15 feet above the ground surface below the sign.

(c)

The total area of the sign shall not exceed 30 square feet.

(d)

The bottom of the sign shall be at least 10 feet above the ground level below the sign.

(e)

Subject to the requirement in paragraph (d) above, one sign for each industrial use located on the premises may be suspended below the principal sign surface. Each such sign shall contain only the name of the business establishment, and each sign shall not exceed one foot in height and five feet in width.

Provided there be no wall sign, a sign may be erected on sloping roofs, including gambrel and mansard roofs, or on roof fascia, overhangs and marquees subject to the following limitations and requirements:

(a)

There shall be only one such sign for each commercial industrial user.

(b)

The top of the sign shall be located at least one foot below the highest point of the roof of the building.

(c)

The height of the sign shall not exceed three feet or 15% of the height of the building, whichever is less.

(d)

The width of the sign shall not exceed 15 feet or 50% of the width of the roof of other structures to which it is attached, whichever is less.

10.

Signs on properties within an Industrial Zone fronting on major streets shall be sufficiently legible and intelligible to afford a motorist the opportunity to absorb the information, make a voluntary decision to turn or stop and enter the deceleration lane before slowing down. In further interest of safety such sign shall not imitate any signage as regulated by the MUTCD.

Automobile Fueling Station and Public Garage Signs. Automobile fueling stations and public garages may display, in addition to signs permitted in the district where it is located, the following special signs:

The name of the product or service provided by the service station or garage and the logo for that product or service may be placed on the permanent canopy erected over the fueling pumps or charging outlet provided neither the name nor the logo project above or below the horizontal plans of the canopy or beyond the vertical planes of the canopy. Canopy signage shall be limited to the logo brand of the station and not exceed 30% of the canopy fascia on each side.

One temporary sign located inside the property line and specifically advertising special seasonal servicing of automobiles, provided that each such sign does not exceed seven square feet in area.

One freestanding price sign shall be permitted for each frontage and be located no closer than six feet from the property boundary lines. Sign area shall not exceed 24 square feet and maximum height shall not exceed 12 feet from the grade below. Changeable LED digital signage displaying fuel prices for automobile fueling stations shall be permitted subject to the following regulations:

(a)

Digital price signage may not change until a change in the price of fuel has occurred.

(b)

Digital price signage must be static or depicted for a minimum of 24 hours.

(c)

Movement, including flashing, scrolling, or rotating so as to draw attention are prohibited.

(d)

Animated signs, signs that change images, video signs, or tri-vision signs shall be prohibited.

(e)

The maximum brightness levels for electronic message boards and fuel price signs shall not exceed 0.2 foot-candles over ambient light levels measured within 150 feet of the source.

(f)

The owner/user shall reduce the level of brightness if determined by the Borough Construction Official that the light level exceeds the levels specified.

(g)

The electronic message area shall be programmed to dim and brighten automatically in response to changes in ambient light.

(h)

Prior to the issuance of a permit for the sign, the applicant shall provide written certification from the sign manufacturer or installer that the light intensity has been preset to automatically adjust the brightness to these levels or lower. Reinspection and recalibration may be periodically required by the Borough in its reasonable discretion, at the permittee's expense, to ensure that the specified brightness levels are maintained at all times.

(i)

The electronic message area shall be controlled electronically by a computer or other similar device that has a manual override.

(j)

The digital price sign shall be turned off at all times when the business or use that its serves is closed.

Except as expressly permitted in the paragraph fueling stations signs shall comply with the provisions set forth in § 12-23.15a and b.

Signs in the Downtown District. In addition to applicable provisions in this section, signage in the Downtown District shall comply with the following:

Intent. Signage in Downtown Bernardsville should be subordinate to the building. The building becomes the signage that characterizes the downtown. Signage in the Downtown District should also be appropriately scaled to the pedestrian instead of the automobile. The intent is to encourage a variety of signage types that clearly identify businesses and other uses, but in a manner that enhances the streetscape and the pedestrian experience.

Permitted Signs. In addition to the standards in this section, the following signs and associated standards shall apply to signage in the Downtown District. Where standards below conflict with other standards in this chapter, the standards for signs in the Downtown District shall control.

(a)

Awning Signs.

(1)

Awning signs shall be limited to the valance of the awning.

(2)

Awning signs shall have a maximum height of 1.5 feet and a maximum area of 60% of the awning valance.

(3)

Awning signs shall be limited to one per storefront awning and located above ground story windows and doors only.

(4)

Awining signs shall not be integrnally illuminated.

(b)

Canopy Signs.

(1)

Canopy signs shall have a maximum height of two feet and a maximum area of 50 square feet.

(2)

Canopy signs may not project more than one feet from the face of the canopy.

(3)

Canopy signs shall not extend beyond the ends of the canopy.

(4)

Canopy signs shall be limited to one sign per canopy and only permitted if no wall or awning sign exists on the facade.

(5)

Canopy signs may be internally or externally illuminated. Internal illumination shall be limited to the letters and/or logo.

(c)

Small Ground-mounted Signs Permitted in the Downtown Core and Claremont Districts.

(1)

Small ground-mounted signs shall be limited to two sides; shall have a maximum height of six feet above grade; a maximum depth of two feet; and a maximum area of five square feet per side.

(2)

Small ground-mounted signs shall be limited to one sign per lot frontage. One additional ground-mounted sign is allowed in increments of 100 feet of additional lot frontage.

(3)

Small ground-mounted signs shall set back a minimum of 2.5 feet from the lot line facing primary or secondary street and a minimum of five feet from all other lot lines.

(4)

Small ground-mounted signs shall not be internally illuminated.

(5)

Small ground-mounted sign may be masonry, wood, metal, or a composite material with similar properties. The sign should complement the architecture of the principal building on the same lot.

(d)

Large ground-mounted signs, except that large ground-mounted signs shall not be permitted in the Downtown-Core and Downtown Claremont subdistricts.

(1)

Large ground-mounted signs shall be limited to two sides; shall have a maximum height of six feet above the base; a maximum depth of two feet; and a maximum area of 40 square feet. The base of a ground-mounted sign shall have a maximum height of two feet.

(2)

Large ground-mounted signs shall contain no content other than that identifying the occupants and property manager of the building or buildings on the lot on which the six is erected.

(3)

The maximum area of the sign and its structure shall be 100 square feet.

(4)

Large ground-mounted signs shall be limited to one sign per lot frontage. One additional ground-mounted sign is allowed for lots 1,000 feet wide and greater.

(5)

Large ground-mounted signs may only be used on lots having a frontage parallel to the street of 100 feet or more.

(6)

Large ground-mounted signs shall be set back a minimum of five feet from the primary or secondary street lot line and a minimum of 10 feet from all other lot lines.

(7)

Large ground-mounted signs may be internally or externally illuminated.

(e)

Projecting Signs.

(1)

Projecting sign shall be limited to two sides, shall have a maximum height of three feet; a maximum projecting width of four feet; a maximum depth of six inches; and a maximum area of four square feet per side. The sign shall have a minimum of six inches and a maximum of 12 inches of space between facade and sign.

(2)

Projecting sign shall be wood, metal, or a composite material with an appearance similar to wood or metal.

(3)

Projecting sign shall be limited to one sign per tenant space.

(4)

Projecting sign shall be located between ground story window and door heads and second story windowsills. In single story buildings, projecting signs shall not extend above roof eaves on a sloped roof or above the surface of a flat roof.

(5)

Projecting sign shall be internally illuminated.

(f)

Wall Signs.

(1)

Wall signs shall have a maximum area of one square feet per linear foot of facade.

(2)

Wall signs shall not extend above roof eaves on a sloped roof or above the parapet on flat roofs.

(3)

Wall signs shall not project more than one feet from the face of the facade.

(4)

Wall signs shall not cover windows or doors.

(5)

Wall signs may be internally or externally illuminated. Internal illumination shall be limited to the letters and/or logo.

(g)

Window Signs.

(1)

Window signs shall be permitted only in ground floor windows.

(2)

The content of window sign in the Downtown Districts shall be limited to the name of the entity, the date the business was established, a logo, and the street number of the premises.

(3)

Permanent sign shall be either etched or painted on the window.

(4)

Sign may not cover more than 20% by the area of the window.

(5)

In addition to the signs permitted above: restaurants may place in the window a current menu of no greater than two pages sized 9.5 inches by 14 inches; and movie theaters may place standard sized movie posters.

Note: Illustrations for the application of the regulations set forth herein are illustrated in Attachment 4 - Signs.

§ LD-12-23.16 Uses Prohibited in All Zone Districts.

[Ord. No. 581 § 12-17.15; Ord. No. 2014-1654 § 4; amended 10-15-2019 by Ord. No. 2019-1819; 12-9-2019 by Ord. No. 2019-1810]

The following uses are specifically prohibited in all zone districts of the Borough:

The use of any land or property or any buildings or rooftop structures, or the construction, development or alteration of any structure, roof, building, for the purpose of accommodating the taking off or the landing of airplanes, helicopters or any and all other types and kinds of airborne vehicles is specifically prohibited whether a principal use or an accessory use. Airborne vehicles landing in an emergency or under emergency circumstances shall not be deemed in violation of this subsection. The landing or taking off of airborne vehicles related to a special event shall not be deemed to be a violation of this subsection provided a permit has been obtained therefor in accordance with standards established by the governing body. A special event shall include any event conducted, sponsored or permitted by any organization or association for recreational, entertainment, charitable, educational or benevolent purposes.

Drive-in, drive-through and car hop restaurants.

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P. L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.

[Amended 4-12-2021 by Ord. No. 2021-1876]

Retail electronic smoking device establishments and vape shops. For purposes of this section, the following definitions shall apply:

RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT

Shall mean any establishment that solely sells, distributes, gives, offers or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.

VAPOR PRODUCT

Shall mean any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic or chemical means to produce vapor from nicotine or other inhalation agents not approved by the FDA.

VAPE SHOP

Shall mean any commercial establishment whose principal business is the retail sale, service or use of electronic smoking devices, liquid nicotine or vapor products.

§ LD-12-23.17 Minimum Net Habitable Floor Area.

[Ord. No. 94-995 § 1]

The net habitable floor area of any dwelling unit shall be not less than that permitted in the New Jersey State Housing Code.

§ LD-12-23.18 Maximum Occupancy Limits.

[Ord. No. 94-995 § 1]

The number of occupants of any dwelling unit shall not exceed the maximum permitted under the New Jersey State Housing Code.

§ LD-12-23.19 Additional Requirements.

[Ord. No. 2000-1210 § 2; Ord. No. 2015-1688 § 1]

The following provisions as to floor areas, impervious coverage and, except as noted in Subsection c hereof, front setback modifications shall apply in all residence districts other than the R-8, R-10A and R-10B Residence Districts. In the case of a residential lot within a tract subject to Open Space Residential Development (see Subsection 12-25.2a), the area of the lot shall be deemed to include such portion of the total Conservation Open Space and Common Open Space of the tract as the area of the lot bears to the area of all residential lots within the tract.

The combined floor areas of all buildings may not exceed the amount allowed in the following table:

Lot area in square feet			Floor area allowed in square feet
At least	but less than	is	plus	of excess over
0	5,000	0	50%	0
5,000	10,000	2,500	14%	5,000
10,000	20,000	3,200	10%	10,000
20,000	50,000	4,200	6%	20,000
50,000	150,000	6,000	4%	50,000
150,000	unlimited	10,000	3%	150,000

The portion of a lot covered by impervious surfaces may not exceed 1.5 times the floor area permitted for the lot under Subsection a plus a driveway allowance of 14 feet times the existing or proposed front setback.

Except in the R-5 Residence District, the required residential front yard setback for a principal dwelling containing two or more stories, excluding attics and cellars but including basements, shall be increased over that otherwise required to at least equal the length of the longest side of the dwelling facing, or within 60° of being parallel to, a front lot line.

On residential lots, the area devoted to driveway and parking in the front yard (defined by the area between the right-of-way and a line parallel to the right-of-way and equal to the front setback of the dwelling), shall not exceed 17% of the maximum impervious area as calculated per Subsection 12-23.19b. Where the dwelling is setback more than 50 feet from the street right-of-way, the 17% shall apply to the area within 50 feet of the right-of-way. Off-street parking in the front yard shall be limited to parking on an improved driveway or parking surface such as pavement, stone, pavers, or similar surface, and not on lawns.

§ LD-12-23.20 Wireless Telecommunication Use.

[Ord. #2003-1307 § 2]

Wireless telecommunication towers are not permitted. Application for the co-location of a new set of antennas on an existing wireless telecommunication tower without extension of the tower is a conditional use. The application shall conform to the standards set forth herein.

Wireless telecommunication uses are a permitted use if the antennas and radio-electronic equipment are located within a nonresidential zone district in the Borough and the following standards are satisfied:

The applicant has obtained a license from the FCC to provide cellular or personal wireless facilities and services to this area.

The antennas are mounted on an existing structure or building such as a water tower, church steeple, roof top or electric transmission tower.

The height of the antennas is not greater than 15 feet over the height of the existing structure.

Visual Compatibility Requirements.

Wireless telecommunications antennas on existing structures or buildings shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate to the maximum extent practicable visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause such antennas to be visually compatible with the existing structure, building and neighborhood.

A wireless telecommunications equipment compound shall be enclosed within a visually solid fence at least six feet and no more than eight feet high, as approved by the Planning Board, and shall include a locking security gate. The height of any equipment building shall not exceed 12 feet.

A wireless telecommunications equipment compound consisting of no more than 2,500 square feet may be erected in support of wireless telecommunications antennas but only if:

(a)

It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield the wireless telecommunications equipment compound from public view; or

(b)

When a location out of public view is not possible, a landscape buffer shall be provided outside the wireless telecommunications equipment compound, to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting.

On-roof placement of radio-electronic equipment and/or cabinets shall be located out of the public view.

An applicant desiring to construct wireless telecommunications antennas shall demonstrate to the satisfaction of the Planning Board, each of the following:

The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail: (i) the wireless telecommunications network layout and its coverage area requirements and (ii) the need for new wireless telecommunications facilities at a specific location within the Borough:

That the applicant has exercised its best efforts to locate or co-locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area which will be least visually intrusive. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.

Off-street parking shall be permitted as needed and as approved by the Planning Board.

The applicant shall provide assurances to the Planning Board and in a form reviewed and approved by the Planning Board Attorney that will cause the antennas, the compound area enclosing related electronic equipment and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. Any communication facility not used for its intended and approved purpose for a period of six months shall be considered "no longer operative" and shall be removed by the applicant or its assigns within 60 days thereof.

All other applicable requirements of the Land Development Regulations Ordinance not contrary to the specific conditions and standards herein shall be met, but waivers and/or variances of such other applicable requirements of this Ordinance may be granted by the Planning Board.

Applicant shall submit its site plan according to Article 9 of the Land Development Regulations. In addition, the applicant shall provide the Planning Board with the following:

Photographic simulations showing the public view of the proposed antennas from four locations;

A report from a qualified expert that the antennas comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International and the Electronic Industries Association/Telecommunications Industries Association ("ETA/TIA") publications.

No signs other than a sign displaying owner contact information, warnings, equipment information and safety instructions are permitted. Such sign shall not exceed two square feet in area.

No lighting is permitted except the compound area may have security and safety lighting at the entrance provided it is no greater than 150 watts, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.

No equipment shall be operated so as to produce noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq. except in emergency situations requiring the use of a backup generator.

§ LD-12-23.21 Dumpsters.

[Ord. No. 10-1531 § 1]

Definitions.

All definitions set forth in § 1-3 of the Borough Land Development Ordinance are incorporated by reference.

As used in this section.

DUMPSTER

Shall mean a rigid container with a capacity of 10 cubic yards or more, used for collection and temporary storage of solid waste, construction materials, industrial and other waste materials.

PORTABLE STORAGE UNIT

Shall mean any container, storage unit, shed-like container or other portable structure with a capacity of 10 cubic yards or more that can be or is used for the storage of personal property of any kind and which is located outside an enclosed building. A portable storage unit does not include an accessory building or shed complying with all building codes and land use requirements.

Permits Required; Fees. Dumpsters and portable units, as defined above and when placed on residential property or in a residential zone shall require a permit issued by the Construction Official upon payment of a fee of $25 and shall be limited to use for a period not to exceed 90 days, unless a longer period has been allowed as part of a development approval granted by the Planning Board or the Zoning Board or the Zoning Board of Adjustment, or by the Borough Council when no development application is involved. The Construction Official may grant one ninety-day permit extension for an additional fee of $25. During the period covered by the permit, a dumpster may be removed for emptying and replaced without requiring an additional permit.

Miscellaneous Regulations.

Dumpsters and portable storage units shall be placed either on vacant private property or located on the side yard or back yard of any existing building on private property. Should the applicant require or request placement in the front yard of a building on private property, said application shall be treated as the same as an application under Subsection c3 below. If a permit extension has been granted and the applicant applies for a further extension or applies for an additional dumpster permit during the same calendar year at the same site, that application must be made to, and granted by, the Borough Council, and the fee for such extension or application shall be $50. The permit shall be prominently displayed in a window of the residence facing the street, or in a window of the construction trailer or shed, if any.

It shall be unlawful for any person to construct or place a dumpster or portable storage unit as defined in this section upon any front yard of private property or upon any Borough-owned land or upon any street, avenue, highway, lane, alley or public place. No permit shall be issued for such use or storage of dumpsters or portable storage units unless the applicant establishes a hardship by satisfying one or more of the following criteria.

(a)

The lot configuration or placement of existing buildings or construction equipment or materials prevents placement of the dumpster in a side or rear yard.

(b)

Parking on the property or adjoining streets will be adversely affected.

(c)

Traffic flow on the property or adjoining streets will be adversely affected.

Should the applicant demonstrate a hardship warranting placement of a dumpster or portable storage units on the front yard of private property or on a public area as defined above, the Construction Official shall issue a dumpster or portable storage unit permit for a period not to exceed 90 days and may grant one ninety-day extension of the permit.

A permit may be revoked by the Code Enforcement Officer if it is determined that the existence of the dumpster or portable storage unit is adversely affecting traffic flow or affecting the safety or welfare of the public.

Enforcement; Penalties.

This section shall be enforced by the Borough Code Enforcement Officer.

Any person who shall violate any provision of this section shall be subject to the penalties as provided in Chapter 1, § 1-5. Each day in which such violation continues shall constitute a separate offense. Repeat offenders, as that term is defined in § 1-5, shall be subject to the penalties set forth in § 1-5.

The Code Enforcement Officer shall notify the owner, tenant and/or contractor in writing of any violation. The owner, tenant or contractor shall have five days from the date of receipt of the notice to cure the violation.

If the violation is not cured, the Code Enforcement Officer may issue a summons and/or remove the dumpster without further notice.

Should the Borough be required to move the dumpster pursuant to Subsection c5 above, the Code Enforcement Officer shall certify the costs of removal and storage and forward the bill to the property owner or person or entity in control of said property or dumpster for payment within 30 days of the date of the bill and any continuing storage costs. The amount of the charge shall become a lien upon the lands and properties for which the dumpster was located.

§ LD-12-23.22 Parking and Storage of Recreational Vehicles, Utility Trailers, and Snow Plows.

[Ord. No. 2015-1701 § 2]

Parking of Recreational Vehicles. No mobile dwelling, trailer or any recreational vehicle shall be stored or parked on any premises in any residential zone district (except for the R-1-10, R-1 and R-1A Zones) within the limits of the Borough of Bernardsville, except as hereinafter provided:

Recreational vehicles, as herein defined, may be stored or parked within a closed building or garage on the premises.

Recreational vehicles, as herein defined, may be stored or parked outdoors on any premises upon the following terms and conditions:

(a)

Not more than one recreational vehicle shall be stored or parked on any premises in any residential zone district within the limits of the Borough of Bernardsville, except as hereinafter provided. For purposes of this subsection, premises shall include adjoining lots in common ownership, unless said adjoining lots otherwise conform to this chapter and other provisions hereof.

(b)

No recreational vehicles shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.

(c)

No recreational vehicles shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.

(d)

No recreational vehicles shall be stored or parked in any district as an accessory building or use, except as herein provided.

(e)

No recreational vehicles shall exceed the following bulk requirements:

(1)

A maximum height of 12 feet as parked, including trailer, cradle or mount, but excluding mast in the case of a boat.

(2)

A maximum body length of 21 feet, including trailer hitch, tongue and bumper.

(3)

A maximum of eight feet in body width, excluding hardware.

(4)

A maximum gross weight of 12,000 pounds, including trailer and mount.

No recreational vehicles shall be stored or parked within any front yard. These requirements shall apply to both frontages on a corner lot. In addition, no recreational vehicle shall be stored or parked in the required rear or side yard setback required in the zone in which the property is located.

All recreational vehicles must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.

The owner of the recreational vehicles shall have and display upon request to any authorized officials of the Borough satisfactory proof of ownership of such recreational equipment.

All recreational vehicles shall be maintained in mobile condition.

No recreational vehicles shall be used for sleeping or dwelling purposes while on said premises and shall not be commercially stored or offered or displayed for sale. Further, such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.

No construction or repair of any such recreational vehicles shall be carried on outdoors in any residential district. For purposes of this subsection, construction or repair shall not include painting or essential maintenance.

No recreational vehicles shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.

10.

Loading and unloading of recreational vehicles at any location on the premises is permitted, provided that said vehicle is not stored or parked for a period longer than 48 hours in any seven consecutive days.

All recreational vehicles shall be effectively screened with plantings, shrubs and trees or fencing so as not to be readily visible from the street or from any adjoining or nearby properties.

Parking of Utility Trailers.

Except as permitted in Subsection 3 below, no utility vehicle which is larger than four feet in width, eight feet in length may be stored in any residential zone other than the R-1-10, R-1 and R-1A Zones.

Not more than one utility trailer which is less than or equal to four feet in width and eight feet in length and that is only used for noncommercial purposes may be stored or parked within a closed building or garage on the premises, or in the rear yard, as long as it is not parked in the applicable rear yard setback in the zone and is not visible from any adjoining property.

Except as permitted by Subsection 4, no utility trailers shall be stored or parked on any lot other than that lot upon which the principal residence structure of the actual owner of the utility trailer is located.

No utility trailers shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.

No utility trailers shall be stored or parked within any front yard. This requirement shall apply to both frontages on a corner lot. In addition, no utility trailer shall be stored or parked in the required rear or side yard setback required in the zone in which the property is located.

No snow plows shall be stored outdoors in any residential zone (except for the R-1-10, R-1 and R-1A Zones). (This prohibition shall not apply to any plow that is affixed to the front of a vehicle otherwise permitted in the zone.)

§ LD-12-23.23 Parking of Commercial Vehicles in Residential Zones.

[Ord. No. 2015-1697 § 1]

One registered commercial vehicle with a GVWR not exceeding 8,500 pounds (or the maximum weight permitted under the Borough's traffic regulations set forth in Borough Code § 7-10 entitled "Vehicles over Designated Weight Excluded from Certain Streets", whichever is less) on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked on a driveway or other paved parking area in any residential district. A registered commercial vehicle with a GVWR not exceeding 8,500[1] pounds on four wheels, owned or used by a resident of the premises, with advertising which exceeds the maximum limits set forth in the preceding sentence shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that said vehicle is parked in a side or rear yard area outside of the required setback, which area is screened from neighboring properties by plantings at least five feet in height. For purposes of this subsection, a commercial vehicle is a truck, van, bus or other vehicle utilized in connection with any business, whether or not said vehicle is registered as a "commercial" vehicle with the New Jersey State Motor Vehicle Commission; except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm, or construction equipment which is used on the site for construction purposes, or

[1]

All such vehicles shall remain subject to the weight limitations as set forth in the Borough's traffic regulations set forth in Borough Code § 7-10 entitled "Vehicles over Designated Weight Excluded from Certain Streets"

Notwithstanding any other provision of this section, no vehicle with a gross vehicle weight rating in excess of 8,500 pounds shall be stopped, parked, stored or garaged in a residential district, except:

To the extent, and for the minimum time, necessary to provide a service directly related to a residential dwelling or use; or

On the premises of an operating farm where such vehicle is used in the farming operation.

§ LD-12-23.24 Small Accessory Mechanical Equipment Setbacks in Residential Zones.

[Added 9-27-2021 by Ord. No. 2021-1893]

Electrical and mechanical equipment, including generators and air conditioning units, shall be located within the interior of a building envelope wherever possible. When an interior building envelope location is not practical, such equipment shall be placed in a location where it can be substantially screened. Ground level utilities shall be screened with dense landscaping and/or fencing so as to be unobtrusive when viewed from the public rights-of-way and adjacent uses.

Exterior residential mechanical equipment, including heat pumps, air conditioning condensers and generators, outside of the building envelope shall be located in accordance with the following:

Within the R-1, R-1A, R-1-10, and R-2 zones, air conditioning units and generators shall have a minimum required setback of 15 feet from side lot lines and a minimum required rear yard setback of 15 feet.

Within the R-3, R-4, R-5, R-10A and R-10B zones, air conditioning units and generators shall have a minimum required side yard setback of five feet and a minimum required rear yard setback of five feet.

Within the R-1, R-1A, R-1-10, and R-2 zones, air conditioning units and generators (and any above ground mechanicals that service the principal structure) in the front yard shall comply with the minimum required principal building front yard setback. Any equipment located in the front or side yard must be screened with dense landscaping and/or fencing.

Within the R-3, R-4, R-5 R-10A and R-10B zones, air conditioning units and generators (and any above ground mechanicals that service the principal structure) in the front yard shall be no further than five feet from the principal structure's footprint. Any equipment located in the front or side yard must be screened with dense landscaping and/or fencing.

Air conditioning units and generators serving detached accessory buildings/structures shall have minimum required side and rear yard setback of the zone bulk requirements in which the lot is located.

Small Accessory Mechanical Equipment in any zoning district that is not mentioned in the preceding paragraphs shall require site plan review. The Downtown, I, and I-2 zoning districts have their own regulations as set forth in § LD-12-12.

§ LD-12-23.25 Electric Vehicle Supply/Service Equipment.

[Added 10-12-2021 by Ord. No. 2021-1894]

Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

Definitions.

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (C.52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

Means the pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (C. 48:25-1 et al.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park & ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).

Approvals and Permits.

An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to C. 40:55D-70.

EVSE and Make-Ready Parking Spaces installed pursuant to Section D. below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph 1. above.

All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Borough Zoning Officer shall enforce all signage and installation requirements described in this ordinance. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Borough of Bernardsville's land use regulations.

An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to C.40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

(a)

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

(b)

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

(c)

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.

An application pursuant to paragraph 5. above shall be deemed complete if:

(a)

The application, including the permit fee and all necessary documentation, is determined to be complete,

(b)

A notice of incompleteness is not provided within 20 days after the filing of the application, or

(c)

A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for New Installation of EVSE and Make-Ready Parking Spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

(a)

Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;

(b)

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and

(c)

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.

(d)

Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

(e)

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph 1. above shall:

(a)

Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.

(b)

Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.

(c)

Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.

(d)

Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

(e)

Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

(f)

In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

(g)

(h)

Notwithstanding the provisions of paragraph e. above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.

Minimum Parking Requirements.

All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces in that zone.

A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and Make-Ready parking spaces above what is required in paragraph d. above may be encouraged, but shall not be required in development projects.

Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.

Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation:

(a)

Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

(b)

Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

(c)

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(d)

Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE Parking:

(a)

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

(b)

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

(c)

Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions set forth in Section 1-5 of the Borough Code. Signage indicating the penalties for violations shall comply with Section 5. below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

(d)

Private Parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

(a)

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph 5. below.

(b)

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Borough's ordinances and regulations.

(c)

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

(d)

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in paragraph (e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

(e)

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

(f)

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

(g)

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Borough shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Signs.

(a)

Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

(b)

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

(c)

Wayfinding or directional signs, if necessary, shall be permitting at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with paragraph b. above.

(d)

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

(1)

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

(2)

Usage fees and parking fees, if applicable; and

(3)

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage Fees.

(a)

For publicly accessible municipal EVSE In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be established by resolution adopted by the governing body.

(b)

Private EVSE: Nothing in this ordinance shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ LD-12-23.26 Fencing; Perimeter of Fences and Walls.

[Added 9-12-2022 by Ord. No. 2022-1930]

Fences Covered. Fences built along the perimeter of lots in the residential districts. A fence is any manmade structure which would restrict movement between lots. The term fence does not include hedges. The term fence does include walls.

Fences not subject to this subsection:

Fences required by any legal requirement relating to swimming pools,

Fences constructed around tennis, basketball, and pickle ball courts and similar athletic facilities constructed in compliance with the Borough's land use ordinances,

Fences constructed around the periphery of gardens.

Fences governed by the Borough or State Right to Farm regulations.

Maximum height of fences, subject to the provisions relating to Deer Fencing, in zones 3, 4 and 5:

The maximum height of a fence other than in the front yard shall be 6 feet; and

The maximum height of a fence in the front yard shall be 4 feet; and

The maximum height of a gateway post shall be 10% greater than the maximum height of the fence to which it is attached.

The height of a fence shall be measured from the ground to the top of the fence on the side of the fence for which the natural grade is lower.

Prohibited fence materials, subject to the provisions relating to deer fencing, no fence or any part of it shall be constructed using:

Barb wire, razor wire, accordion wire or other materials having sharp edges or points or such other materials as are dangerous to animals or humans; or

Electrified wire; or

For front yard fences, welded wire, steel chain link, rebar, concrete block, concrete, masonry lime or flue tile, or mesh or lathe made of any material.

Fence permits:

Fences greater than 2.5 feet in height shall require the appropriate permit from the building officer.

Construction of fences:

Fences must be constructed within the property lines of a lot and may not encroach on a public road or public right of way, except that the Zoning Officer, in accordance with the provisions of Borough Code Section 14-1.8, may permit a fence to be constructed in the unpaved portion of the right of way if it does not constitute a safety hazard in the opinion of the Chief of Police or his designee.

Fences bordering a street must be built at least 10 feet from the edge of the street pavement, or if there is a sidewalk along the edge of the street when the fence is constructed, 2 feet from the inner edge of the sidewalk, except that the Zoning Officer, in accordance with the provisions of Borough Code Subsection 14-1.8, may permit a fence to be constructed closer to the paved portion of the right of way or the sidewalk if it does not constitute a safety hazard in the opinion of the Chief of Police or his designee.

Fences may not be constructed to obstruct any easement permitting passage over a lot. [e.g. Emergency vehicle access easements.]

Fences to be constructed so the "finished" side faces away from the center of the lot.

Fences on corner lots must comply with Subsection LD-12-23.5 of the Land Use Code.[1]

[1]

That section provides that: "On any corner lot in any residence zone district no fence, structure or planting over 30 inches in height above the curb or edge of roadway shall be erected or maintained within 20 feet of the corner property line so as to interface with traffic visibility across the corner."

Construction of fencing shall not result in damming or diverting of water.

Front yard fences may not be constructed so that more than 50% of its surface area obstructs a view through the fence, from a position perpendicular to the fence.

Fences shall be symmetrical in appearance; shall have posts or columns separated by identical distances; and shall consist of material conforming to a definite pattern.

Fences shall be constructed so as to provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety. The building officer may, in his or her reasonable discretion, require the applicant for a fence permit to obtain certification from the Fire Chief that this condition is met.

Maintenance of Fences:

Fences shall be kept in good maintenance and repair. The property owner shall be responsible for fence repair and maintenance.

The sides of fences facing public rights of way and neighboring properties shall be kept clean and free of mold and mildew and of overgrowth of vegetation. Graffiti on such sides of fences shall be removed within 14 days of the property owners learning of it, unless such graffiti was placed on the wall by a neighboring property owner or resident.

Deer fences:

Notwithstanding the other provisions in this subsection relating to restrictions on the height of a fence, the maximum height of deer fences shall be 10 feet.

Notwithstanding the other provisions in this subsection relating to restrictions on fencing material, deer fences may be made of welded wire or mesh.

As used in this subsection a deer fence is a fence:

(a)

Specifically constructed to control the movement of deer;

(b)

Constructed of vinyl or vinyl coated materials, and wood, iron or steel uprights.

(c)

Dark green, black, or brown in color,

(d)

Have openings no smaller than four square inches,

(e)

Where possible, not break up contiguous forest tracts,

(f)

Constructed in a manner that allows deer to travel from property to property without using public roads, and

(g)

Protective of riparian corridors where feasible.

Nonconforming fences:

Fences which existed prior to the date of the adoption of this subsection may be repaired and/or maintained as their original structure and design.

Design guidebook:

Property owners wishing to install fences should refer to the attached guidebook of preferred fence design but are not required to adopt the designs contained in the fence design book.

Editor's Note: The fence design book is available in the Borough offices.

Definition of front yard:

For the purposes of this subsection, the front yard includes all the space between the street or streets on which a lot is situated and the line of the building paralleling that street.

§ LD-12-24 HOME-BASED BUSINESS.

[Ord. No. 2000-1209 § 1]

Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in residential zone districts, provided:

The use is limited solely to office use;

The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

The use shall be located on only one floor of the dwelling unit, shall not exceed 25% of the floor area of the floor on which it is located, and shall not be served by an entrance separate from the household;

Interior storage of materials related to this use shall consist only of office supplies;

There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights;

The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;

The use does not require any increased or enhanced electrical or water supply;

The quantity and type of solid waste disposal is the same as other residential uses in the zone district;

The quantity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;

Delivery trucks shall be limited to U.S. Postal Service and other delivery services providing regular service to residential uses in the zone district;

All vehicular traffic to and from the home office use shall be limited in volume, type, and frequency to that normally associated with other residential uses in the zone district.

§ LD-12-25 CONDITIONAL USES.

§ LD-12-25.1 General Provisions.

[Ord. No. 581 § 12-19.1; Ord. No. 2001-1257]

A conditional use is a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Borough Land Development Regulations. The Borough Planning Board, or the Board of Adjustment in cases where it has the power under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., to grant a conditional use, may grant conditional uses according to the specifications and standards set forth in this section and in accordance with the provisions of the Municipal Land Use Law at N.J.S.A. 40:55D-67.

§ LD-12-25.2 Conditional Uses Permitted.

[Ord. No. 581 § 12-19.2; Ord. No. 759 § 1; Ord. No. 91-870 § 2; Ord. No. 93-946 § 5; Ord. No. 93-969 § 2; Ord. No. 93-970 § 7; Ord. No. 94-982 § 3; Ord. No. 94-990 § 3; Ord. No. 96-1074 § 2; Ord. No. 97-1096 § 1; Ord. No. 97-1103, § 5; Ord. No. 99-1167 § 3; Ord. No. 2001-1260 §§ 4, 5; Ord. No. 2004-1357 §§ 1 — 3, Ord. No. 2004-1358 §§ 1, 2; Ord. No. 2005-1390 § 2; Ord. No. 2014-1654 § 3; Ord. No. 2014-1669 §§ 2 — 5; Ord. No. 2018-1772 § 4]

Open Space Residential Development.

Mutual Consent Required.

(a)

Open Space Residential Development is optional with both the applicant and Planning Board and the foregoing requirements shall apply only if such option is exercised by either of them and is consented to by the other.

(b)

Nothing contained herein shall be construed to require the Planning Board to approve any development employing Open Space Residential Development if the development is in conflict with any provision of the Bernardsville Development Regulations Ordinance or Master Plan or if the development would in any way result in a development pattern that would adversely affect that portion of the Borough in which it falls.

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.

(a)

Minimum Tract Area. The following minimum tract areas are established for Open Space Residential Development:

R-1-10	20 acres
R-1 District	20 acres
R-1A District	12 acres
R-2 District	5 acres

(b)

Permitted Residential Use and Density. The development plan shall not result in a greater number of lots if the property in question were developed without the employment of Open Space Residential Development.

(c)

Development Regulations for Individual Lots. Any Open Space Residential lot must meet the requirements presented in the table below:

Minimum Lot Area District (square feet)		Containing Circle of Diameter (feet)
			Minimum Yards
			Front Feet	Rear Feet	Side Feet
					One	Both
R-1-10	137,500	275	125	100	75	150
R-1	110,000	250	100	75	40	80
R-1A	70,000	200	75	75	30	60
R-2	25,000	120	50	40	20	40

(d)

Each lot shall comply with the requirements appropriate to its zone, pertaining to access corridor, driveway position, building envelope, surface disturbance, minimum floor area and additional requirements.

Open Space Requirements.

(a)

The amount of open space shall be at least equal to the total reduction in lot areas within the subdivision.

(b)

Open space shall be provided totaling a maximum of 50% of the area of the tract. No single area reserved for open space shall have an area of contiguous land less than the following, unless the area is to be dedicated for public purposes and joined to a contiguous existing parcel of public open space:

R-1-10 District	8 acres
R-1 District	6 acres
R-1A District	4 acres
R-2 District	2 acres

(c)

The open space shall ordinarily be in a single contiguous piece except that in unusual circumstances division into more than one piece may be permitted if in the judgment of the Planning Board the area would serve an important public function, promote the general welfare of the Borough, or otherwise promote the sound planning objectives of the Borough as reflected in the Master Plan. Any open space parcel shall be at least the reduced lot size for that district, unless it adjoins existing open space parcels in adjoining properties.

(d)

Any area reserved as open space shall be primarily for passive recreational use. It shall be suitable for its intended purpose as determined by the Planning Board, and shall be reserved in perpetuity by private covenant or deed restriction for one or more of the following purposes:

(1)

Essentially undeveloped/Conservation Open Space or Common Open Space.

(2)

Conservation of environmentally sensitive features including, but not limited to, steep slopes, watercourses, wetlands, flood plains, wooded areas and scenic vistas.

(3)

Public or private passive recreational uses such as nature study, hiking, horseback riding, fishing, gardening. Passive recreation shall be deemed to forbid the use of motorized wheels of any kind, except in specific parking areas and for ingress and egress.

(4)

Common open space consistent with all constraints and objectives for this conditional use, within a common open space, the area available for active recreational use shall not exceed 20% of that common open space area. The remainder shall be restricted to passive recreation.

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:

(a)

That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning standards established herein.

(b)

That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

(c)

That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation, and visual enjoyment are adequate.

(d)

That the proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

(e)

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

Public Garages. No building, structure or lot shall be used as a public garage, as defined in Article 1, except in accordance with the following restrictions or conditions:

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:

A school

A hospital

A theater

A public library

A fire house, municipal or other public building

(f)

A park or playground

(g)

A church

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.

10.

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

11.

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.

12.

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.

Professional Uses in Residential District.

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.

Institutional Uses. Institutional Use, as defined in Article 1, shall be considered in accordance with the following standards, restrictions and conditions, except schools.

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:

R-1 District	500 feet
R-1A District	350 feet
R-2 District	250 feet
R-3 District	150 feet
R-4 District	100 feet
R-5 District	75 feet

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.

10.

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

11.

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

Institutional Use: School. School, as defined in Article 1, shall be considered in accordance with the following standards, restrictions and conditions:

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

Minimum Street Frontage. Shall be as follows:

R-1-10 District	500 feet
R-1 District	500 feet
R-1A District	350 feet
R-2 District	250 feet
R-3 District	150 feet
R-4 District	100 feet
R-5 District	75 feet

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.

(a)

Front yard shall be the front yard requirement for the subject zone district,

(b)

Side yard shall be three times the side yard requirement for the subject zone district,

(c)

Rear yard shall be two times the rear yard requirement for the subject zone district,

(d)

Maximum Building Coverage. Shall be 25% of the development parcel,

(e)

Maximum height shall be two stories and not to exceed 35 feet.

(f)

No parking in the required front yard of the subject zone district,

(g)

No athletic fields in the required front yard of the subject zone district,

(h)

Maximum impervious coverage is 50% of the development parcel.

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

(a)

Off-street parking areas shall be visually screened by densely planted landscaping, such as a hedge or existing natural landscaping or berms, to effectively screen the view of vehicles. Lighting of off-street parking areas shall be the "shoe-box" type lighting fixture that encases the light source to obviate spillage and reduce glare.

(b)

Recreation areas shall be visually screened by landscaping, berms or existing natural landscaping if existing natural landscaping is at least 50 feet in width, to effectively screen the view of the recreation field.

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.

Hotels.

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.

(a)

Front Yard. There shall be a front yard of at least 40 feet.

(b)

Rear Yard. There shall be a rear yard of at least 40 feet. Where a rear yard adjoins a railroad or any alley, the railroad or alley may be counted as part of the required rear yard, provided that under no circumstances shall the rear yard be reduced to less than 25 feet.

(c)

Side Yards. There shall be two side yards and no side yard shall be less than 25 feet, provided that any side yard adjoining a residence district shall not be less than 40 feet.

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.

(a)

Bedrooms shall have a minimum floor area of 60 square feet per person of design capacity, but in no event less than 200 square feet.

(b)

Bathrooms shall be equipped with a lavatory, toilet and tub or shower which shall at all times be supplied with hot and cold running water.

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."

10.

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.

11.

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.

12.

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.

Single Family Attached Residential Units in the R-5 Residence District. No lot shall be used for single family attached residential units except in accordance with the following restrictions and conditions:

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.

(Reserved)

Public Utility Facilities.

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.

(Reserved)

Outdoor Dining. No outdoor table, shelf or other facility to hold food or drink while the same are being consumed shall be permitted in any nonresidential zone except in accordance with this subsection.

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.

Caretaker's Accessory Apartment. Accessory apartments created pursuant to this chapter shall comply with the provisions of the New Jersey Uniform Construction Code (N.J.A.C. 5:23). For purposes of this section, "living area" shall mean all rooms and enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, including bathrooms, laundries, pantries, foyers, communicating corridors, closets and storage space, excluding unfinished basements, garages, unfinished storage areas and other unfinished areas. Any single family detached dwelling located in the R-1-10 and R-1 Residence Zones may contain not more than one accessory apartment provided the following standards and conditions are met:

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:

(a)

That the accessory apartment is occupied by on-site domestic employees of the residents of the primary residence or by members of the immediate family or short-term, nonpaying guests of the residents of the primary residence.

(b)

That the accessory apartment is occupied by only one person or family.

(c)

That the accessory apartment is not a rental unit and that no rent is paid on account of the occupancy of the accessory apartment.

(d)

That upon any violation of this section or the certification, determined by the appropriate Borough official, the violation shall be abated and the owner shall be subject to the penalties set forth in § 1-5 of this Code.

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.

Accessory Dwelling Unit, Detached. Accessory dwelling units created pursuant to this chapter shall comply with the provisions of the New Jersey Uniform Construction Code (N.J.A.C. 5:23). For purposes of this section, "living area" shall mean all rooms and enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, including bathrooms, laundries, pantries, foyers, communicating corridors, closets and storage space, excluding unfinished basements, garages, unfinished storage areas and other unfinished areas. The following conditions shall be met:

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:

(a)

That the detached accessory dwelling unit is occupied by on-site domestic employees of the residents of the principal residence or by members of the immediate family or short-term, nonpaying guest of the residents 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 be occupied by no more than four persons.

(b)

That the detached accessory dwelling unit is not a rental unit and no rent is paid on account of the occupancy of the accessory apartment, except when the Owner is approved to rent units under the Borough's Accessory Apartment Program.

(c)

That the living area of the detached dwelling unit is not a rental unit and no rent is paid on account of the occupancy of the accessory apartment, except when the Owner is approved to rent units under the Borough's Accessory Apartment Program.

(d)

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.

Accessory Dwelling Unit, Internal. Accessory dwelling units created pursuant to this chapter shall comply with the provisions of the New Jersey Uniform Construction Code (N.J.A.C. 5:23). For purposes of this section, "living area" shall mean all rooms and enclosed floor space within a dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, including bathrooms, laundries, pantries, foyers, communicating corridors, closets and storage space, excluding unfinished basements, garages, unfinished storage areas and other unfinished areas. The following conditions shall be met:

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.

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:

(a)

That the accessory dwelling unit is occupied by on-site domestic employees of the residents of the principal residence or by members of the immediate family or short-term, nonpaying guest of the residents 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 be occupied by no more than four persons.

(b)

That the accessory dwelling unit is not a rental unit and no rent is paid on account of the occupancy of the accessory apartment, except when the Owner is approved to rent units under the Borough's Accessory Apartment Program.

(c)

That the living area of the accessory dwelling unit is not a rental unit and no rent is paid on account of the occupancy of the accessory apartment, except when the Owner is approved to rent units under the Borough's Accessory Apartment Program.

(d)

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.

§ LD-12-26 NONCONFORMING LOTS, USES AND STRUCTURES.

§ LD-12-26.1 Continuance of Nonconforming Use or Structures.

[Ord. No. 581 § 12-20.1; Ord. No. 816 § 1]

Any lawful nonconforming use which existed at the time of the passage of this chapter may be continued and any existing building designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered subject to the following regulations:

The structural alterations made in such residential building in a residential zone shall in no case result in the increase in floor area of the altered building exceeding that of the original. In no case should any alterations allow an intensification of the nonconforming use (e.g., one-family to two-family or two-family to three-family). In a nonresidential zone any alterations should not result in an increase of the floor area of an altered building.

No structural alterations of an existing building shall be permitted which enlarge or extend the nonconforming use.

No nonconforming use shall be extended at the expense of a conforming use.

A nonconforming use changed to a conforming use may not thereafter be changed back to a nonconforming use.

A nonconforming use in existence at the time of the passage of this chapter shall not be permitted to be changed to any other nonconforming use.

In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be presumed to be an abandonment of such nonconforming use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter, except such shall not apply to a nonconforming use because of height and area violations.

§ LD-12-26.2 Completion of Existing Buildings.

[Ord. No. 581 § 12-20.2]

Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and construction diligently prosecuted within six months of the date of such permit.

§ LD-12-26.3 Restoration of Existing Buildings.

[Ord. No. 581 § 12-20.3]

Nothing in this chapter shall prevent the restoration of a nonconforming building partially destroyed by fire, explosion, act of God, or act of public enemy, provided that, after restoration, the building and the use thereof shall not violate this chapter to any greater extent than existed prior to the restoration. Any building totally destroyed in the manner aforesaid may only be rebuilt as a conforming use.

The owner of any nonconforming use that is partially destroyed as above mentioned must apply for a building permit to rebuild the nonconforming use within 12 months from the time of destruction. If the application to rebuild the nonconforming use is filed after the above-mentioned twelve-month period, a building permit will only be issued for a conforming use. Nothing in this chapter shall prevent the restoration of a wall declared unsafe by the Construction Official.

§ LD-12-26.4 Unlawful Uses Not Authorized.

[Ord. No. 581 § 12-20.4]

Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter.

§ LD-12-26.5 Nonconforming Uses Due to Reclassification.

[Ord. No. 581 § 12-20.5]

The foregoing provisions of this Article shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zone districts under this chapter, or any subsequent change in regulations of this chapter.

§ LD-12-26.6 Existing Platted Lots.

[Ord. No. 581 § 12-20.6]

Any lot which at the time of the adoption of this chapter fails to comply with the minimum requirements of this chapter may be used for any use not otherwise prohibited in the zone district in which it lies, provided the lot is in single ownership as defined in this chapter and further provided all yard requirements are complied with.

§ LD-12-27 ENFORCEMENT, AUTHORITY AND DUTIES OF THE ZONING ENFORCEMENT OFFICER AND THE BUILDING SUBCODE OFFICIAL. [1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 581.

§ LD-12-27.1 Zoning Enforcement Officer.

[Ord. No. 98-1149 § 1 Art. 12]

The Borough Land Use Ordinances shall be enforced by the Zoning Enforcement Officer. It shall be the duty of the Zoning Enforcement Officer to investigate any violation of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge. If a violation is found to exist, he shall serve written notice by registered or certified mail or by personal service upon the owner, lessee, tenant or other occupant of any building or structure, lot or land, or part thereof, where a violation of any of the provisions of this chapter has been committed or exists or upon any architect, builder, contractor or agent or other person who is employed in connection with the building or structure, lot or land, or part thereof, and who commits, takes part or assists in the commission of such violation. Such notice shall require the violation to be abated within 10 days from the date of service of the notice or upon such lesser time as the Zoning Enforcement Officer shall deem reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. If the person fails to abate the violation within the time specified, the Zoning Enforcement Officer shall file and prosecute a complaint to terminate the violation in the Municipal Court or shall seek equitable relief in the Superior Court, as appropriate.

§ LD-12-27.2 Building Subcode Official.

[Ord. No. 98-1149 § 1 Art. 12]

The Building Subcode Official shall not issue any permit for the erection, construction, reconstruction, structural alteration, enlargement or moving of any building or structure or part thereof, or issue any certificate for the use or occupancy of any building, structure or land, or part thereof, where the same would be in violation of any of the provisions of this chapter. It shall be the further duty of the Building Subcode Official to report to the Zoning Enforcement Officer any violation of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge.

§ LD-12-28 TEMPORARY PERMITS.

[Ord. No. 581 § 12-22]

Temporary Permits may be authorized by the Building Subcode Official for a period not to exceed one year for nonconforming uses incidental to construction projects being conducted on the same premises, including such uses as storage of building supplies and machinery, assembly of building materials, and a small real estate office where a development is being offered for sale. Such permits may be renewed by the Building Subcode Official, annually, over a period not to exceed three years.

§ LD-12-29 STORMWATER CONTROL.

[Ord. No. 2006-1423, Ord. No. 07-1478; Ord. No. 2021-1872; Ord. No. 2021-1888; amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

§ LD-12-29.1 Scope and Purpose.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (Gl BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical sit e conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development" and "minor development," as defined below in § LD-12-29.2.

Applicability.

This section shall be applicable to all projects that meet the definition of "minor development" or "major development" as defined below.

This section shall be applicable to the following major developments:

(a)

Non-residential major developments and redevelopment projects; and

(b)

Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.

This section shall also be applicable to all major developments undertaken by Borough of Bernardsville.

Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference and minor developments as defined herein.

Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this ordinance are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ LD-12-29.2 Definitions.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference. The following additional terms are defined for this section only.

EXEMPT DEVELOPMENT

Any development that creates less than 500 square feet of roof area and less than 1,000 square feet of new impervious area in total and disturbs less than 2,500 square feet of land. Further, an exempt development shall not meet the definition of "minor development."

MAJOR DEVELOPMENT (repeated from N.J.A.C. 7:8)

An individual "development," as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;

He creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or

A combination of paragraph b and c above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs a, b, c, or d above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MINOR DEVELOPMENT

Any development that results in the creation of 500 square feet of roof area or 1,000 square feet or more of new impervious area in total or one that disturbs more than 2,500 square feet of land area. Further, a minor development shall not meet the definition of "major development" in N.J.A.C. 7:8.

§ LD-12-29.3 Design and Performance Standards for Stormwater Management Measures.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

This section establishes design and performance standards for stormwater management measures for minor and major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies.

Exempt Developments. Any project meeting the definition of "exempt development" shall be exempt from the provisions of this section.

Minor Developments. Minor developments shall be designed to include the following stormwater management measures:

Water Quality. Soil erosion and sediment control measures shall be installed in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey.

Rate/Volume Control. Seepage pits or other infiltration measures shall be provided with a capacity of three inches of runoff for each square foot of new impervious area. Stone used in infiltration devices shall be 2 1/2 inches clean stone and a design void ratio of 33% shall be used. The infiltration measures shall be designed with an overflow to the surface which shall be stabilized and directed to an existing stormwater conveyance system or in a manner to keep the overflow on the developed property to the greatest extent feasible. If the new impervious surface is not roof area, an equivalent area of existing roof may be directed to the infiltration system. This shall be permitted where the equivalent existing roof area is not already directed to an infiltration ration device.

Major Developments. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.

§ LD-12-29.4 Waivers and Exceptions.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

Standards for Relief of Minor Development.

Waivers from strict compliance with the design standards for minor development shall only be granted upon showing that meeting the standards would result in an exceptional hardship on the applicant or that the benefits to the public good of the deviation from the standards would outweigh any detriments of the deviation. A hardship will not be considered to exist if reasonable reductions in the scope of the project would eliminate the noncompliance.

If the review agency for the project determines that a waiver is appropriate, the applicant must execute mitigation. The scope of the mitigation shall be commensurate with the size of the project and the magnitude of relief required. The mitigation project may be taken from the list of projects in the Municipal Stormwater Management Plan or another project identified by the applicant. In lieu of undertaking a specific mitigation project, a monetary contribution may be made to the Municipality for funding toward a municipal stormwater control project, subject to the approval of the review agency. All mitigation projects are subject to the approval of the Municipal Engineer.

Standards for relief of Major Development. Waivers from strict compliance with the design and performance standards for major development shall meet the requirements N.J.A.C. 7:8-4.6.

Review Agency. All applications subject to the review of the Planning Board or Board of Adjustment shall be reviewed by those Boards concurrently with subdivision or site plan review. Applications not subject to Planning Board or Board of Adjustment review shall be reviewed by the Borough Engineer.

Appeals. The appeal of the determination of the Borough Engineer shall be made in accordance with N.J.S.A. 40:55D-70a.

§ LD-12-29.5 Solids and Floatable Materials Control Standards (Major Development).

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

Site design features identified under § LD-12-29.3 above, or alternative designs in accordance with § LD-12-29.3 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § LD-12-29.5a2 below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

(a)

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guide lines; or

(b)

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

(c)

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

The standard in § LD-12-29.5a1 above does not apply:

(a)

Where each individual clear space in the curb opening in existing curb- opening inlet does not have an area of more than nine square inches;

(b)

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

(c)

Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(1)

A rectangular space four and five-eighths (4.625) inches long and 1.5 inches wide (this option does not apply for out fall netting facilities); or

(2)

A bar screen having a bar spacing of 0.5 inches.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

(d)

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

(e)

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ LD-12-29.6 Safety Standards for Stormwater Management Basins.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.

Safety Ledge Illustration.

Elevation View -Basin Safety Ledge Configuration

§ LD-12-29.7 Requirements for a Site Development Stormwater Plan (Major Development).

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

Submission of a Site Development Stormwater Plan.

Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit a Site Development Stormwater Plan containing all of the required components listed at LD-12-29.7c below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

When the submission of a Site Development Stormwater Plan is part of an application being reviewed as part of the review process by the Planning Board or Board of Adjustment, the number of copies of the documents listed in § LD-12-29.7c shall be as required by the appropriate application review checklist.

When the submission of a Site Development Stormwater Plan is being reviewed by the Borough Engineer, the applicant shall submit three copies of the materials listed in § LD-12-29.7c to the building department for distribution.

Site Development Stormwater Plan Approval.

The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. The municipal board or official shall consult the Borough Engineer to determine if all of the submission requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of Site Development Stormwater Plan.

The following information shall be required:

Topographic Base Map. The topographic base map for the site being developed shall extend a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 100 feet or greater, showing two-foot contour intervals. Upstream tributary drainage information shall be required when deemed necessary by the reviewing engineer. The topographic base map shall include existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Environmental Site Analysis.

A written and graphic description of the natural and man-made features of the site and its surroundings that includes a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site, with particular attention given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development shall be submitted.

Project Description and Site Plans.

A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures shall be provided. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land Use Planning and Source Control Plan.

This plan shall provide a demonstration of how the goals and standards of § LD-12-29.3 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater Management Facilities Map.

The following information, illustrated on a map at a scale no smaller than one inch equals 50 feet, where the larger the second number, the smaller the scale, shall be included:

(a)

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

(b)

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

(a)

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § LD-12-29.3.

(b)

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and Repair Plan.

The design and planning of the stormwater management facility shall meet the maintenance requirements of Section LD-12-29.9.

Waiver from Submission Requirements.

The municipal official or land use board reviewing an application under this ordinance may, in consultation with the Borough Engineer or the Borough's stormwater review engineer, waive submission of any of the requirements in § LD-12-29.7.c.1 through § LD-12-29.7.c.6 of this ordinance when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Application and Review Fees.

There shall be no additional initial escrow fees required for stormwater review for development applications being reviewed as part of an application to the Planning Board or the Zoning Board of Adjustment. Applications for stormwater management review to the Borough Engineer shall be accompanied by an initial review escrow deposit of $1,000 for major developments. If a project is approved, an inspection escrow deposit shall be made in an amount to be determined by the Borough Engineer in accordance with § LD-15-5, but in no case shall said inspection escrow by less than $500.

§ LD-12-29.8 Requirements for a Site Development Stormwater Plan (Minor Development).

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

The following information shall be required:

Topographic Base Map. The topographic base map for the site being developed shall extend a minimum of 50 feet beyond the limits of the proposed development, at a scale of one inch equals 50 feet or greater, showing two-foot contour intervals. Upstream tributary drainage information shall be required when deemed necessary by the reviewing engineer. The topographic base map shall include existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping.

Stormwater Management Facilities Map.

The following information, illustrated on a map at a scale no smaller than one inch equals 50 feet, where the larger the second number, the smaller the scale, shall be included:

(a)

(b)

Details of all stormwater management facility designs.

Calculations demonstrating compliance with the minor development standards of § LD-12-29.3b must be submitted.

Waiver from Submission Requirements.

The Borough Engineer may waive submission of any of the requirements in § LD-112-29.8a.1 through § LD-12-29.8a4 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Application and Review Fees.

There shall be no additional initial escrow fees required for stormwater review for development applications being reviewed as part of an application to the Planning Board or the Zoning Board of Adjustment. Applications to the Borough Engineer shall be accompanied by an initial review escrow deposit of $300 for minor developments. If a project is approved, an inspection escrow deposit shall be made in the amount of $500.

§ LD-12-29.9 Maintenance, Repair and Operation.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

Applicability.

Projects subject to review as in § LD-12-29.1 (major development) shall comply with the requirements of § LD-12-29.9b and § LD-12-29.9c. Projects subject to review as in § LD-12-29.3b (minor development) shall comply with the requirements of § LD-12-29.9d.

General Maintenance.

Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.

The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:

(a)

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and

(b)

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Present and future owners of property containing privately owned stormwater management facilities designed to meet the standards for minor development are required to ensure adequate long-term operation and maintenance of such facilities in accordance with a Stormwater Management Operations and Maintenance Manual and the following:

The Stormwater Management Operations and Maintenance Manual shall contain a description of the project, including the amount of land disturbance and the amount of new impervious surface being created; ownership and maintenance responsibilities; specific inspection and maintenance tasks, including a requirement to inspect all structural components for cracking, subsidence, spalling, erosion and deterioration at least annually; to at least once a year, measure and record the water level in the facility after a heavy rain fall event in order to determine the time to drain; preventative and corrective maintenance measures; and inspection and maintenance log forms.

Inspection and maintenance log forms are required to be submitted to the Borough Engineer and the Public Works Manager by April 1 of every third year. The Borough Administrator shall notify the property owner of the requirement by March 1st of the applicable year in accordance with the following schedule:

(a)

Reporting Group A: Tax Blocks 1 through 28 reports due by April 1 for the prior year activity, every third year beginning in the year 2025 and then in 2028, 2031, 2034. . .

(b)

Reporting Group B: Tax Blocks 29 through 68 reports due by April 1 for the prior year activity, every third year beginning in the year 2026 and then in 2029, 2032, 2035. . .

(c)

Reporting Group C: Tax Blocks 69 through 146 reports due by April 1 for the prior year activity, every third year beginning in the year 2024 and then in 2027, 2030, 2033 . . .

If the owner of a property with stormwater management facilities designed and installed to meet the standards for a Minor Development fails to meet the reporting requirement 20 days after a final notice, the Borough Engineer shall conduct said inspection and a fee of $250 will be assessed for the performance of said inspection.

The responsibility to ensure that future owners of property containing stormwater management facilities are aware of such facilities and the requirement to maintain the facilities shall be borne by the present owner of the property containing the stormwater management facilities. The present owner of stormwater management facilities should provide a copy of the Stormwater Management Operations and Maintenance Manual, prior to the transfer of title, to the future owner. Alternatively, the requirement for long-term operation, maintenance and repair of the stormwater management facilities, in accordance with the SWM O&M Manual, can be recorded upon the deed of record for the property by the present owner.

If the stormwater facilities are not adequately maintained by the private owners, the Borough shall retain the right to perform the required maintenance and charge the private entity accordingly. This access shall be part of all drainage easements on private property.

§ LD-12-29.10 Penalties.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this article shall be subject to a penalty as stated in Article 16 Violations and Penalties, General Penalty § LD-16.3 et seq. Each and every day in which a person shall be in violation of this article shall constitute a separate offense.

§ LD-12-29.11 Severability.

[Amended 4-29-2024 by Ord. No. 2024-1998; 9-23-2024 by Ord. No. 2024-2005]

Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.