EXPLANATORY STATEMENT: The purpose of this ordinance is to amend the Township
Land Development Ordinance to comply with the updated Source Separation/Recycling Element
of the Somerset County Solid Waste Management Plan, which was adopted by the Somerset
County Board of Chosen Freeholders in December 2006 and certified by the NJDEP in May
2007. The updated County plan requires each municipality to update its local recycling
ordinances.
David Schley, Assistant Township Planner
ORDINANCE #1989
An Ordinance of the Township of Bernards, County of Somerset, State of New Jersey,
Amending, Revising and Supplementing the Code of the Township of Bernards,
Chapter 21, “Revised Land Use Ordinances”, Concerning Recycling Areas
BE IT ORDAINED by the Township Committee of the Township of Bernards, County of
Somerset and State of New Jersey, that Chapter 21, entitled “Land Development”, of the Code of
the Township of Bernards shall be amended, revised and supplemented as follows:
Part I. Existing Section 21-40A, “Recycling Areas”, is amended as follows (new text is
underlined; deletions are stricken):
SECTION 21-40A
Recycling Areas
§ 21-40A.1. Definitions.
As used in this section:
a. MULTIFAMILY HOUSING DEVELOPMENT shall mean a building containing three
or more dwelling units occupied or intended to be occupied by persons living
independently of each other or a group of such buildings.
b. RECYCLING AREA shall mean space allocated for collection and storage of source
separated recyclable materials.
(Ord. #1120)
§ 21-40A.2. Inclusion and Dimensions.
Any development plan proposing construction of a multifamily housing development, single
family development of 50 or more units, or any commercial, institutional, or industrial
development for the utilization of 1,000 square feet or more of land shall include a recycling
plan. This plan must contain, at a minimum, the following:
a. A detailed analysis of the expected composition and amounts of solid waste and
recyclables generated at the proposed development; and
b. Locations documented on the development plan that provide for convenient recycling
opportunities for all owners, tenants, and occupants. The recycling area shall be of
sufficient size, convenient location and contain other attributes (signage, lighting,
fencing, etc.) as may be determined by the municipal recycling coordinator.
The dimensions of the recycling area shall be sufficient to accommodate recycling bins or
containers which are of adequate size and number and which are consistent with anticipated
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usage and with current methods of collection in the area in which the project is located. The
dimensions of the recycling area and the bins or containers shall be determined in consultation
with the municipal recycling coordinator and shall be consistent with the district recycling plan
adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable
requirements of the Municipal Master Plan, adopted pursuant to section 26 of P.L. 1987, c. 102.
(Ord. #1120)
§ 21-40A.3. Location.
The recycling area shall be conveniently located for the disposition of source separated
recyclable materials, preferably near, but clearly separated from, a refuse dumpster. (Ord. #1120)
§ 21-40A.4. Accessibility.
The recycling area shall be well lit and shall be safely and easily accessible by recycling
personnel and vehicles. Collection vehicles shall be able to access the recycling area without
interference from parked cars or other obstacles. Reasonable measures shall be taken to protect
the recycling area, and the bins or containers placed therein, against theft of recyclable materials,
bins or containers. (Ord. #1120)
§ 21-40A.5. Design of Containers.
The recycling area or the bins or containers placed therein shall be designed so as to provide
protection against adverse environmental conditions which might render the collected materials
unmarketable. Any bins or containers used for the collection of recyclable paper or cardboard,
and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise
covered, so as to keep the paper or cardboard dry. (Ord. #1120)
§ 21-40A.6. Signs.
Signs clearly identifying the recycling area and the materials accepted therein shall be posted
adjacent to all points of access to the recycling area. Individual bins or containers shall be
equipped with signs indicating the materials to be placed therein. (Ord. #1120)
§ 21-40A.7. Screening.
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be
developed in an aesthetically pleasing manner. (Ord. #1120)
Part II. Existing Subsection 21-54.4, “Details Required for Preliminary Development Plans”,
paragraph a.27, is hereby amended as follows (new text is underlined):
27. A solid waste management plan and a recycling plan, including locations and details of
outdoor refuse and recycling storage areas and means of screening, in accordance with
Sections 21-40 and 21-40A.
Part III. Existing Appendix B, Article III, “Checklist, Application for Preliminary Approval of
a Major Subdivision or Site Plan”, item #28, is hereby amended as follows (new text is
underlined):
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28. A solid waste management plan and a recycling plan, including locations and details of
outdoor refuse and recycling storage areas and means of screening, in accordance with
Sections 21-40 and 21-40A.
The Township Clerk is directed to give notice at least ten days prior to hearing on the adoption of
this ordinance to the Somerset County Planning Board and to all other persons entitled thereto
pursuant to N.J.S. 40:55D-15 and N.J.S. 40:55D-63 (if required). Upon the adoption of this
ordinance after public hearing thereon, the Township Clerk is further directed to publish notice
of the passage thereof and to file a copy of the ordinance as finally adopted with the Somerset
County Planning Board as required by N.J.S. 40:55D-16. The Clerk shall also forthwith transmit
a copy of this ordinance after final passage to the Township Tax Assessor as required by N.J.S.
40:49-2.1.
TOWNSHIP OF BERNARDS
PUBLIC NOTICE
Ordinance #1989 was introduced and passed on first reading by the Township Committee of the Township of Bernards in the
County of Somerset on 11/1/07 and then ordered to be published according to law. It will be further considered for final passage
and adoption at a public hearing held at a meeting of the Township Committee at the Municipal Building, 1 Collyer Lane, Basking
Ridge, NJ in said township on 11/27/07, at 7:30 P.M., when and where, or at such time and place to which said meeting may be
adjourned, all persons interested will be given an opportunity to be heard concerning said ordinance. A complete text of this
ordinance is available in the Office of the Municipal Clerk, 1 Collyer Lane, Basking Ridge, NJ, from 8:30 A.M. to 4:30 P.M.,
Monday through Friday. Copies are also available via e-mail from dszabo@bernards.org.
By Order of the Township Committee
Denise Szabo, Municipal Clerk
TOWNSIHP OF BERNARDS
PUBLIC NOTICE
Notice is hereby given that Bernards Township Ordinance #1989 was introduced and passed on first reading at a meeting of the
Township Committee, on 11/1/07, and was passed on final reading and adopted following a public hearing thereon at a regular
meeting of the Governing Body of the Township of Bernards on 11/27/07.
By Order of the Township Committee
Denise Szabo, Municipal Clerk
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