Don't Plant or Build on Public Property, New Law Proposes

Bernards Township is filled with parks, preserved land and easements over private property for such reasons as nearby streams or underground sewer lines — and now the Township Committee is proposing a law that would prevent nearby property owners from placing plantings, drains or structures on such land.

After discussing modifications at previous meetings, the committee on Monday introduced an ordinance that would allow the township zoning officials to remind residents not to "encroach" on public properties and easements. Those who refuse to comply could face fines in municipal court of up to $2,000, officials said.

In almost all cases where residents have planted or in another way disturbed such property, they respond, "I didn't know" when warned, said Township Deputy Mayor John Carpenter.

In those cases — even if the new law passes — the violator would be given a reasonable amount of time to remove any structures and remediate any violations, Carpenter said.

But those who persist in encroaching on public property and easements could face a summons from the municipal zoning officer, said Carpenter.

"We think in general, this would be an effective way of dealing" with such cases, said Township Attorney John Belardo.

Belardo said there would be no grandfather clause in the ordinance to give those already violating the law a break. The law is scheduled for public comment and a final vote by the Township Committee at 8 p.m. June 11.

According to Carpenter, one case of a violation is a local homeowner in a development off Blackburn Road who has constructed a drain leading into property granted to the township.

Township Committeeman Scott Spitzer said he believes one of the township's major missions is to preserve open space that has been acquired, or may have been set aside for development for a purpose such as protecting wetland areas.

"We really have a very important stewardship obligation for the land for future generations," Spitzer said.

"This has been an ongoing issue," Bernards Township Committeeman John Malay said at a previous Township Committee meeting. Committee members voted unanimously in favor of introducing the proposed law on Monday.