Articles Land use and development
Ordinance #2603, Explained: Upkeep Rules for Non-Residential Properties
What Bernards' August 2026 property maintenance ordinance requires of non-residential properties, how it is enforced, which properties are exempt, and how the Committee voted.
The short version
- Who it covers: owners of property not used as homes. Homes of every type are exempt.
- What it requires: exterior upkeep in keeping with the zone: no lingering scaffolds, overgrown landscaping, stored refuse, junk vehicles or deteriorating paint and siding.
- Penalties: fines up to $2,000 a day, or township clean-up charged as a lien on the property’s taxes.
- Adopted: Aug. 25, 2026, 4-0.
The rules
Section 3-21 defines blight as “an area, property or buildings characterized by deteriorating or abandoned buildings or land which exhibit a lack of continued maintenance and upkeep,” including debris, graffiti, litter, deteriorating pools, barns, paint or siding, trash or junk, and “unsightly piles of wood chips, mulch, brush, dead trees and limbs.” Exterior premises are the parts of a property visible to the public or from neighboring lots.
The exterior must reflect “a level of maintenance in general keeping with the standards of the zoning district” and must not “promote or contribute to a blighting effect upon neighboring properties.” Specifically:
| Rule | Limit |
|---|---|
| Temporary scaffolds and construction equipment | No more than eight weeks without the Zoning Officer’s written permission |
| Landscaping in public view | Lawns mowed, bushes trimmed, not overgrown or littered |
| Refuse and rubbish | Not stored outside more than two weeks; kept in proper containers |
| Vehicles and machines | No vehicles needing substantial repair or without current registration |
| Paint and siding | Not left in a deteriorating state |
Failing to comply is a nuisance the township may abate under N.J.S.A. 40:48-2.12.
Enforcement
- Notice. The owner has 10 days after written notice to comply. The Zoning Officer may extend this, on a written request stating reasons, remedial steps and a completion date, but never beyond 30 days from the first notice.
- Summons. If the owner does not comply, the Zoning Officer may issue a summons, returnable before the Bedminster Township Municipal Court. A conviction carries a fine of up to $2,000; each day is a separate offense.
- Township clean-up. As an additional remedy, the owner is entitled to a hearing before the Township Committee within 30 days of notice. The Committee may then authorize the township to do the work; the cost becomes a lien added to the property’s next taxes.
The Zoning Officer is the only investigating and enforcing officer and may consult the Construction Official, Township Engineer, Health Officer and Fire Official. “No member of the public is entitled to pursue a private cause of action.”
Exempt: “residential Dwelling Units such as single-family; detached; twin house or duplex; multifamily, one-family cluster and efficiency, shall be exempt in their entirety.”
The votes and the hearing
| Date | Step | Vote |
|---|---|---|
| Aug. 11, 2026 | Introduced (motion Hodges, second Asay); hearing set for Aug. 25 | 5-0: Asay, Hodges, McNally, Tompkins, Duarte McCarthy |
| Aug. 25, 2026 | Public hearing; adopted (motion Tompkins, second Asay) | 4-0: Asay, Hodges, Tompkins, Duarte McCarthy |
At the Aug. 25 hearing the minutes record:
- In support: Kirsten Light, Victoria Drive; Debra Paster-DeWitt, Spencer Road; Nancy D’Andrea, Vanderveer Drive; Joanne Kleinle, Riverside Drive; Yuri Grabovsky, Riverside Drive.
- Not in support: Todd Edelstein, Riverside Drive, who also commented on the ordinance when it was introduced.
The minutes do not record the speakers’ reasons or say which properties, if any, prompted the ordinance.
What residents can do
- Report a condition to the township’s Zoning Officer, the only officer who enforces Section 3-21.
- Read the text in the Aug. 25, 2026 Committee minutes or the township’s adoption notice.