Bernards Township Sets Property Maintenance Rules To Protect Neighborhood Aesthetics

BASKING RIDGE, NJ — Bernards Township officials introduced an ordinance that would add property maintenance rules for non-residential properties.

On Tuesday, the Township Committee unanimously introduced Ordinance 2603 on first reading, which would set a process for enforcement, court action and possible township remediation if violations are not corrected.

The ordinance defines blight, exterior premises and nuisance, and says exterior premises must be maintained in a way that reflects the standards of the zoning district and does not contribute to a blighting effect or deterioration of neighboring properties.

Under the proposed rules, temporary painting scaffolds and similar equipment could not remain longer than eight weeks without written permission from the township zoning officer.

Landscaping visible to the public would need to be kept orderly, with lawns mowed and bushes and shrubs trimmed.

The ordinance also says exterior areas could not be used to store accumulated refuse and rubbish for more than two weeks, and prohibits storing motorized vehicles or machines that are not readily operable, require substantial repairs or are not currently licensed.

The ordinance says paint or siding on a building must not be deteriorating.

Property owners would have 10 days after written notice to comply, unless the township zoning officer grants more time.

Any extension would require a written request from the property owner and could not exceed 30 calendar days beyond the initial notice.

During public comment, Todd Edelstein felt that the 10-day timeframe to address and fix a violation was not enough time and suggested it be changed to 30 days.

"I personally don't like property maintenance ordinances. I think they could be used as a weapon and I'd rather not even see this," said Edelstein.

"This is a step to protect neighborhood aesthetics and resident safety and property values while balancing the administrative workload of local code enforcement. Hence, it is focused on non-residential properties," said Mayor Ana Duarte McCarthy.

She also noted that all the Somerset Hills municipalities, absent Bernards Township, have a property maintenance ordinance.

If a property owner does not comply, the ordinance allows for a summons returnable before Bedminster Township Municipal Court, with fines of up to $2,000 upon conviction.

The ordinance also allows the township, after notice and a public hearing before the Township Committee, to remediate conditions itself and place the certified cost as a lien on the property.

The second reading and public hearing of the ordinance is scheduled for Aug. 25.

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