A.
Accessory buildings as part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building regardless of
the technique of connecting the principal and accessory buildings.
B.
Accessory buildings and structures not to be constructed
prior to principal building. No construction permit shall be issued
for the construction of an accessory building or structure, other
than construction trailers, storage sheds or farm accessory buildings,
prior to the issuance of a construction permit for the construction
of the main building upon the same premises. If construction of the
main building does not precede or coincide with the construction of
the accessory building or structure, the Construction Official shall
revoke the construction permit for the accessory building or structure
until the construction of the main building has proceeded substantially
toward completion.
C.
Distance between adjacent buildings and structures. The minimum distance between an accessory building or structure and any other building(s) or structure(s) on the same lot shall be as prescribed in Articles IV and VI, except that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any dwelling.
E.
Location. An accessory building or structure may not be erected in required front yards and shall be set back from side and rear lot lines as prescribed in Article IV, except that if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street and except, further, that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any property line.
All streets shall be provided with manholes,
catch basins and pipes where the same may be necessary for proper
drainage. The requirements of this section shall not be satisfied
with the construction of dry wells except where there is not an adequate
watercourse or drainage system within a reasonable distance of the
subject property and where individual lot grade plans are provided.
A.
The system shall include the natural drainage basin
area and shall be adequate to carry off the stormwater and natural
drainage water which originates not only within the lot or tract boundaries
but also that which originates beyond the lot or tract boundaries
in their current state of development. The system shall be extended
along the full length of any road improvement. No stormwater runoff
or natural drainage water shall be so diverted as to overload existing
drainage systems to create flooding or the need for additional drainage
structures on other private properties or public lands without proper
and approved provisions being made for taking care of these conditions.
B.
Techniques for computing water runoff shall be as
follows, and all submissions shall include drainage calculations and
drainage area maps:
C.
Bridges and culverts shall be designed for one-hundred-year
storm minimum flow capacities.
D.
All materials used in the construction of storm sewers,
bridges and other drainage structures shall be in accordance with
the specifications of the Standard Specifications for Road and Bridge
Construction, 1983, as prepared by the New Jersey Department of Transportation,
and any supplements, addenda and modifications thereto unless otherwise
specified by the reviewing municipal agency. Modifications or changes
of these specifications may be requested by the applicant but may
be implemented only with the knowledge and written consent of the
Township Engineer after discussion with the reviewing municipal agency.
E.
Pipe sizes shall be determined by acceptable drainage
design procedures, provided that the pipe size in a surface water
drainage system shall in no instance be less than 15 inches in diameter.
F.
Drainage inlets shall be located at all intersections,
with inlets on both sides of a street at intervals of not more than
400 feet or such shorter distances as required to prevent the flow
of surface water from exceeding six cubic feet per second at the drainage
inlet. Access manholes shall be placed at maximum five-hundred-foot
intervals throughout the system and at pipe junctions where there
are no drainage inlets.
G.
Lots shall be graded away from the building(s) at
a minimum 2% grade in order to secure proper drainage. Additionally,
drainage shall be provided in a manner which will prevent the collection
of stormwater in pools or other unauthorized concentrations of flow
and water shall not flow across adjacent property lines at greater
than predevelopment rates.
H.
Detention or retention basins will be required to
hold stormwater runoff such that discharge from the site will not
exceed predevelopment rates. A waiver of this provision may be granted
only when the applicant shows that the additional runoff resulting
from the proposed development will be negligible. When detention or
retention basins are required, the outlet from the detention facility
must require that 90% of the runoff from one and 1 1/4 inches
of rainfall, falling in two hours, be retained so that not over 90%
will be evacuated prior to 36 hours. The following exceptions to this
provision will be acceptable in any case:
(1)
Retention will not be required to an extent which
would reduce the outlet size to a diameter less than three inches.
(2)
Dry basins serving residential projects may allow
evacuation of 90% in 18 hours.
(3)
In cases where runoff is from single-family housing
and unimproved areas only and where the runoff enters detention basins
after moving by sheet flow over at least 30 feet of lawn or leaf mulch
areas, outlets shall be designed so that retention storage, when full,
will be 90% evacuated over 12 hours.
I.
Approval of drainage structures shall be obtained
from the appropriate municipal, county, state and federal agencies
and offices. Where required, each applicant shall make application
to the State Division of Water Policy and Supply of the Department
of Environmental Protection, the Hunterdon County Engineering Department
and the Township Engineer. Final approval shall not be effective until
letters of approval from the proper governmental authorities shall
be furnished to the Secretary of the Planning Board or the Secretary
of the Zoning Board of Adjustment, as the case may be, with a copy
of each letter forwarded to the Township Engineer.
J.
When required by the township and as indicated on
an approved development plan, a drainage right-of-way easement shall
be provided to the township where a tract or lot is traversed by a
watercourse, surface or underground drainageway or drainage system,
channel or stream. The drainage right-of-way easement shall conform
substantially with the lines of such watercourse and, in any event,
shall meet any minimum widths and locations as shown on any adopted
Official Map or Master Plan. Such easement shall be expressed on the
plat as follows: "Drainage easement granted for the purposes provided
and expressed in the Land Development Ordinance of Bethlehem Township."
[Amended 2-16-2017 by Ord. No. 436.2017; 11-16-2023 by Ord. No. 436.2023]
A.
All fences shall require either zoning clearance/approval or approval
of an application to the Planning Board and shall be situated on a
lot in such a manner that the finished side of the fence shall face
adjacent properties. All permitted fences shall be located two feet
from the property lines, a minimum of two feet from the side and rear
property lines and 10 feet from any adjacent roadway surface, whichever
is greater, in order to allow for maintenance. No fence shall be erected
of barbed wire, topped with metal spikes nor constructed of any material
or in any manner which may be dangerous to persons or animals, except
that these provisions shall not apply to farms and except, further,
that permitted fences in nonresidential districts may be topped by
a barbed wire protective barrier and except, further, that requirements
of state or federal regulations shall prevail.
B.
On any lot in any district, no wall shall be erected or altered so
that said wall shall be over five feet in height, and no fence shall
be erected or altered so that said fence shall be over five feet in
height in any required front yard and eight feet in height in any
required side and rear yard, with the following provisions and exceptions,
subject to county, state and federal regulations:
(2)
A private residential swimming pool area must be surrounded by a fence at least four feet in height. Swimming pool areas shall be located in rear and side yards only. See § 102-32 for additional standards. Notwithstanding, any such fencing shall comply with any and all requirements imposed by the State of New Jersey.
(4)
Fences not within any required front, side or rear yards are permitted
to be up to 10 feet in height.
(6)
Off-street parking, loading and driveway access shall meet the requirements specified in § 102-25.
(7)
Fencing for the containment or exclusion of wild and/or domestic
animals within or from the property boundaries shall have a finished
installation height not to exceed 11 feet. Such fencing shall be only
constructed of high-tensile woven wire or similar material deer netting
that does not exceed a twelve-gauge thickness, and shall be staked
and secured at ground level and shall not have caps, rails or cable
at its top edge.
(8)
Any installation that complies with the provisions of this section
shall require the issuance of a zoning clearance/approval only and
shall not require approval of an application to the Planning Board.
(9)
Fencing to be utilized as screening of utilities shall require the
issuance of a zoning clearance/approval only and shall not require
approval of an application to the Planning Board provided that it
does not exceed two linear feet on any one side of the utilities.
C.
Sight triangle easements shall be required at intersections, in addition
to the specified right-of-way widths, in which no grading, planting
or structure shall be erected or maintained more than 30 inches above
the street center line, except for utility poles, street signs, fire
hydrants and light standards. The "sight triangle" is defined as that
area outside of the street right-of-way which is bounded by the intersecting
street lines and the straight-line connecting sight points, one each
located on the two intersecting street center lines: arterial streets
at 300 feet, collector streets at 200 feet and local streets at 90
feet. Where the intersecting streets are both arterials, both collectors
or one arterial and one collector, two overlapping sight triangles
will be required, formed by connecting the sight point noted above
with a sight point 90 feet on the intersecting street. (See the diagram
at the end of this chapter.)[1] Such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of Bethlehem Township." The requisite sight triangle easements shall be as outlined in Attachment 102-14 of the Township Ordinances or the definition of "sight triangle easement" outlined in § 102-30 of the Township Ordinances, as applicable. All installations pursuant to the provisions of this section shall be located outside of any required sight triangles as determined by the Township Engineer, as and if necessary.
[1]
Editor's Note: The sight triangle diagram is included as an attachment to this chapter.
D.
Gates and driveway gates.
(1)
A "gate" shall be defined as any closure of a wall, fence or hedge
row that does not constitute a driveway gate as defined below.
(2)
A "driveway gate" shall be defined as a gate located at a driveway
or other vehicular entrance to a property.
(3)
All gates and driveway gates shall not swing towards the roadway.
(4)
A gate may be connected to a wall, fence or hedge row that measures
no more than eight feet in height and eight feet in length and is
otherwise in compliance with the provisions of this section. Any portion
of such wall, fence or hedge row in excess of eight feet in length
shall taper down to five feet in height within the next eight feet
in length.
(5)
A driveway gate shall not be greater than eight feet in height and
20 feet in length.
(6)
Any driveway gate shall be located at least 25 feet from the roadway
and shall not be longer than the width of the driveway or entrance
at which it is located.
E.
All installations subject to this section that are in existence as
of the date of adoption of this section shall be permitted to continue,
and portions thereof shall be permitted to be replaced provided the
replacement does not exceed the existing height of such fence or gate
or the maximum height permitted by this section. Any new installation
shall be required to comply with the provisions of this section. If
an entire installation is removed at any one time, any replacement
thereof shall also be required to comply with the provisions of this
section.
F.
FENCE
GATE
HEDGE ROW
LANDSCAPING
WALL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A structure erected at grade for the purpose of defining
boundaries of property, separating open space, restricting ingress
to or egress from property, providing security or protection to property,
acting as a visual or acoustic screen or serving to contain, or exclude
wild and/or domestic animals within or from the property boundaries.
The definition of "fence" shall not include material utilized for
temporary seasonal protection of landscaping, temporary protection
of landscaping from being harmed by animals, and/or temporary protection
of immature landscaping to ensure growth. Such material shall be excluded
from the definition of "fence" provided that it does not exceed two
linear feet on any one side of the landscaping which it is protecting.
A barrier to close an opening in a wall, fence or hedge row.
Continuous landscaping installed for the purpose of defining
boundaries of property, separating open space, restricting ingress
to or egress from property, providing security or protection to property
or acting as a visual or acoustic screen.
For purposes of this section, "landscaping" shall include
living plants such as grasses, shrubs, trees, lawns, flowers, ornamental
plantings, other horticultural elements, seeding, sod and/or other
vegetative and plant materials.
A structure secured below grade with a foundation for the
purpose of defining boundaries of property, separating open space,
restricting ingress to or egress from property, providing security
or protection to property or acting as a visual or acoustic screen.
G.
General provisions. The provisions of the Right to Farm Act, codified
at N.J.S.A. 4:1C-1 et seq., shall supplement the provisions of this
section. Any provisions of the Right to Farm Act that contradict or
are contrary to the provisions of this section shall supersede the
same.
[Added 2-7-1991 by Ord. No. 255-91;
amended 12-19-2013 by Ord. No. 420.2013]
A home occupation, as defined in § 102-8, shall meet the following requirements:
A.
The use of the property for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants.
(1)
Permissible home occupations shall include, but are not limited to:
(a)
Academic instructors such as music instructors or tutors;
(b)
Licensed professionals such as accountants, architects, attorneys,
engineers, licensed beauticians, real estate agents, or stockbrokers;
(c)
Medical professionals such as dentists, occupational therapists,
physicians, veterinarians, or physical therapists;
(d)
Specialized services such as artisans, cabinetmakers, catalog
sales, clothiers, craftsmen, insurance agents, interior designers,
photographers, sign makers, or tailors, small appliance repair or
computer services;
(e)
Family day care as defined by N.J.S.A. 40:55D-66.5b.
(f)
Special conditions for veterinary professionals. Veterinary
professionals are permitted to keep animals on the premises overnight,
provided animals are housed indoors and other requirements of this
section are not violated.
(g)
Special conditions for medical professionals. Medical professionals
are not permitted to keep patients on the premises overnight.
(2)
Any home occupation that shall constitute a threat to the public's
health, safety and welfare, that engages in any illegal or illicit
activity, has a negative environmental impact, or shall conflict with
community standards, shall be prohibited. Prohibited home occupations
shall include, but are not limited to:
(a)
Animal-related activities, including animal hospitals, horse
hacks, kennels, pet groomers, or commercial stables;
(b)
Vehicle-related activities, including the detailing, restoration,
storing, repairing, or servicing of automobiles, all-terrain vehicles
(ATVs), motorcycles, engine repair, or the renting of motorized vehicles
or space to use motorized vehicles such as but not limited to ATVs,
dirt bikes, and motorcycles;
(c)
Major home occupations that involve industrial activities, including
manufacturing and construction;
(d)
Equipment rental, junkyards, storage rental space, warehouses,
or wholesale distribution;
(e)
Other miscellaneous activities, including crematoriums, funeral
homes, massage parlors, piercing parlors, restaurants, shooting ranges,
or tattoo parlors.
(3)
The following activities/operations shall not be classified as home
occupations and shall not be subject to the licensing requirements
or fees established in this section:
(b)
Garage sales and yard sales;
(c)
Home parties for the purpose of sale or distribution of products,
provided that the total number of said parties does not exceed six
in any calendar year;
(d)
Organized meetings for social, charitable, religious, civic,
political, community service, or fraternal clubs/organizations;
B.
All licensed home occupations shall be subject to inspections by
the Zoning Officer to ensure that said home occupations are complying
with the conditions set forth in this section.
C.
No home occupation license shall be issued to any individual who
does not own the property upon which the home occupation is sought
to be established without said individual furnishing the expressed
written consent of the owner of such property or without furnishing
a notarized copy of any previous agreement between the owner and tenant
permitting the operation of a home occupation on the premises.
D.
No more than two occupations shall be permitted in a single residence; conditions in § 102-20G apply.
E.
Excluding catalog-order businesses, no products produced off the
premises at which the home occupation is located shall be permitted
to be transported to the premises for the purposes of retail sale.
F.
No home occupation that generates client traffic shall operate before
7:00 a.m. or after 10:00 p.m.
G.
The home occupation may operate in the principal structure or one
accessory structure, provided that:
H.
Employees. Except as specified in § 102-8 for minor home occupations, no home occupation shall be permitted to have more than one nonresident employee on the premises at any one time. Family day cares, and medical professionals such as, but not limited to, physicians, dentists, or veterinarians, engaging in a home occupation shall not be permitted to employ more than three nonresident employees on the premises at any one time.
I.
The residential character of the lot and building shall not be changed.
(1)
There shall be no auditory or olfactory evidence of the home occupation
beyond levels reasonably expected of typical residential activity.
At no time shall any home occupation cause any dust, glare, noise,
odors, smoke, vibrations, or any similar nuisances that exceed levels
generally found in a residential neighborhood.
(2)
A home occupation shall never cause interference with electrical
service, radio, television, telephone, satellite dish, or wireless
internet reception.
(3)
At no time shall any home occupation create any adverse effects for,
or pose a threat to, the health, safety, or general welfare of the
residents neighboring the premises or the residents who reside in
the home in which the occupation operates.
J.
Exterior visibility of home occupations. There shall not be any other
exterior physical evidence of the home occupation visible from the
street or any adjoining lot(s) except where otherwise provided in
this section.
(1)
Materials, equipment, or machinery associated with the home occupation
shall not be visible from the street or any adjoining lot(s).
(a)
Materials, equipment, or machinery that has both a conditional
home occupation and principal dwelling use shall not be visible from
the street or adjoining lot(s) when said items are not being utilized
for the purposes of the principal use.
(2)
There shall be no exterior storage or window displays of any products.
(3)
No sign shall be permitted for any home occupation.
K.
Vehicles and parking.
(1)
Unless otherwise provided in this section, each home occupation shall
provide two parking spaces if the occupation generates client/customer
traffic. There shall be one parking space per nonresident employee.
(2)
Parking space needed for permanent residents living on the premises
shall not be diminished.
(3)
No vehicles with a NJDMV registered vehicle weight of more than 12,000
pounds shall be permitted to be used for a home occupation.
(4)
There shall be no more than one commercial vehicle used for the home
occupation on the premises at any one time.
(5)
Commercial vehicles used for the home occupation shall not be visible
from the street or any adjoining lot(s) when said vehicles are not
in use.
(6)
All vehicular traffic to and from the residential home business shall
be limited in volume, type and frequency to that which is normally
associated with other residential uses in the zone district.
L.
Application for a major home occupation license. Any individual seeking
to obtain an initial home occupation license shall submit a completed
application to the Zoning Officer. The applicant shall furnish an
administrative fee of $35 with said application in addition to all
other applicable requirements set forth in this section. Upon receipt
of said license application, the Zoning Officer shall have 10 calendar
days to review the application and shall either approve the application
or deny the application for cause. If the Zoning Official denies the
application for a home occupation license, he or she shall explain,
in writing, the reason(s) for such denial.
M.
Appeals process. If the Zoning Officer denies the application for
a home occupation license, said applicant may seek relief by means
of an appeal of the Zoning Officer's denial as being in error or may
seek to obtain a variance, pursuant to N.J.S.A. 40:55D-70d, from the
Municipal Planning Board.
N.
A license for a home occupation is not transferable from person to
person or from address to address.
O.
Annual licensing of home occupations. The initial license shall be
valid until the 1st of May following the issuance of a license. All
licenses shall be renewed annually by 3:30 p.m. on the 31st of May
with the Municipal Clerk for a fee of $25.
(1)
Home occupations that are not renewed by 3:30 p.m. on the 31st of
May shall be nonrenewable. The former licensee must reapply for a
home occupation license.
(2)
Individuals engaging in home occupations who were issued permits
prior to the adoption of this section shall be exempt from the initial
licensing application and fee but shall be required to comply with
the annual registration requirement. Such individuals shall furnish
proof of their original permit to the Municipal Clerk prior to the
issuance of a license by the Zoning Officer.
P.
Violations and penalties.
(1)
Any person found to be operating an unlicensed home occupation or
violating any other provision in this section may be subject to the
issuance of a summons. Said summons, unless otherwise provided in
this section, shall carry a fine of $50 for each violation. Each day
of noncompliance after notification shall constitute a separate violation.
A.
Streetlighting of a type supplied by the utility and
of a type and number approved by the Township Engineer may be required
at all street intersections and along all arterial, collector and
local streets and anywhere else deemed necessary for safety reasons.
Wherever electric utility installations are required to be underground,
the applicant shall provide for underground service for streetlighting.
B.
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, multiple-family
or other uses having common off-street parking and/or loading areas
shall be adequately illuminated for security and safety purposes.
The lighting plan in and around the parking areas shall provide for
nonglare lights, focused downward. The light intensity provided at
ground level shall be indicated in footcandles on the submitted site
plans and shall average at least 0.5 footcandle at intersections and
0.3 footcandle elsewhere in the area to be illuminated. Lighting shall
be provided by fixtures with a mounting height not more than 25 feet
or the height of the building, whichever is less, measured from the
ground level to the center line of the light source, spaced a distance
not to exceed five times the mounting height.
C.
Any outdoor lighting, such as building and sidewalk
illumination, driveways with no adjacent parking, the lighting of
signs and ornamental lighting, shall be shown on the lighting plan
in sufficient detail to allow a determination of the effects upon
adjacent properties, traffic safety and overhead sky glow. The objectives
of these specifications is to minimize undesirable off-premises effects.
No light shall shine into windows or onto streets and driveways in
such a manner as to interfere with or distract driver vision. To achieve
these requirements, the intensity of such light sources, the light
shielding and similar characteristics shall be subject to site plan
approval.
A.
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
B.
Each lot must front upon an approved street.
C.
All lots shall be suitable for the purpose(s) of their
intended use. Where there is a question as to the suitability of a
lot or lots for their intended use due to factors such as poor drainage
conditions or flood conditions, percolation tests or test borings
indicating the ground conditions to be inadequate for proper sewage
disposal for on-lot sewage treatment or similar circumstances, the
Planning Board, after adequate investigation and receipt of a written
report by the Township Board of Health, may withhold approval of such
lots. If approval is withheld, the Board shall give reasons and notify
the applicant and enter the same in the minutes.
[Amended 12-6-2001 by Ord. No. 255-32-2001]
A.
Purpose. The purpose of this section is to provide
regulations and guidelines that are designed to promote the health,
safety, and welfare of the community by:
(1)
Mitigating the environmental degradation often caused
by land development;
(2)
Improving water, soil, and air quality;
(3)
Maintaining the unique rural and country atmosphere
that prevails in the Township;
(4)
Enhancing land use relationships;
(5)
Creating a comfortable environment for pedestrians;
and
(6)
Providing aesthetically pleasing civic design.
B.
Preservation of natural features. Natural features,
such as trees, hilltops and ridge lines, scenic vistas, natural terrain,
open waters and natural drainage courses, shall be preserved whenever
possible in designing any development on lands containing such features.
C.
General provisions and applicability. The following
general provisions shall apply to landscape design and installation:
(1)
Landscaping shall consist of trees, shrubs, ground
cover, perennials, and annuals singly or in common as well as other
inanimate materials such as rocks, water, sculpture, art, walls, fences,
and paving materials.
(2)
A landscaping plan shall be provided as part of site plan and subdivision submissions in accordance with §§ 102-50 and 102-51. The plan shall be prepared by a New Jersey certified landscape architect. The name, address, signature, certification number and seal of the certified landscape architect shall appear on the plan. The plan, drawn to scale on a topographic base, shall as a minimum include the following:
(a)
Indicate areas of existing woodlands. Any tree
six-inch caliper or greater within the limit of disturbance and extending
25 feet beyond the limit of disturbance shall be shown on the survey.
Note on the plan the understory and overstory species present, range
in caliper size, height and health.
(b)
Methods to be used to ensure protection of existing
trees and the critical root zone of existing trees during construction.
(c)
Number and size of trees requiring removal and
specific plans for replacement.
(d)
Location, number, size, spacing and species
of all new plantings.
(e)
Proposed plant material drawn to scale at mature
size. The scale used shall be sufficient to adequately show the overall
concept. Existing and proposed contours shall be included on the landscape
plan.
(3)
Every applicant for subdivision or site plan approval shall comply with the minimum standards as set forth in this section. The requirements of the landscape plan set forth in Subsection C(2) above shall constitute the checklist for completeness required for development applications.
(4)
Existing on-site vegetation shall be preserved to
the greatest practicable extent. Further, unless specifically exempted
or modified by the Board of Jurisdiction because of the presence of
existing on-site vegetation, a minimum of 12 shade trees per acre
shall be provided and installed for each lot in a residential subdivision.
Such plantings shall be indicated on the landscape plan for the subdivision
and shall be located where necessary for climate control, privacy,
aesthetic or other legitimate site planning reasons. These trees shall
be in addition to any required street trees or trees required for
screening of off-site conditions.
(5)
All landscape plants shall be typical in size and
weight for their species and shall conform to the standards of the
American Association of Nurserymen for quality and installation.
(6)
Plants with pervasive root systems shall not be located
where they may cause damage to drainage pipes or other underground
utilities and stormwater management facilities and should generally
be no closer than 10 feet measured horizontally to such facilities.
(7)
All plants shall be tolerant of specific site conditions.
The use of indigenous species is strongly encouraged. Exotic, non-native
invasive plant species shall not be permitted.
(8)
Visual screening is required to buffer all trash enclosures,
aboveground propane tanks and other similar structures as identified
by either the Zoning Officer or the Board of Jurisdiction.
D.
Landscape design guidelines.
(1)
Landscaping shall be conceived holistically and be
designed to enhance the natural characteristics of a site, complement
the existing rural character of the Township, create a sense of place,
reduce nonpoint source pollution runoff and facilitate stormwater
management. These goals of landscaping are accomplished by maintaining
and/or reestablishing the character and tone of the natural vegetation
in the area; lessening the visual impact of buildings, structures
and paved areas; providing for soil stabilization; and providing a
diversity of plant communities.
(2)
Landscaping shall achieve a thorough integration of
the various elements of site design, including building and parking
placement, the natural features of the site and the preservation of
pleasing or aesthetic views. Landscaping shall be used to accent and
complement the form and type of building proposed.
(3)
Landscaping shall be located to provide effective
climatic control. The east and west walls of a building should be
the most heavily vegetated to shade for summer sun and the north to
northwest area for winter prevailing winds. The southerly facing side
of a building should be shaded from summer sun but open for solar
gain during the winter.
(4)
Plants' susceptibility to disease, their colors, textures,
shapes, blossoms, and foliage characteristics shall be considered
in the overall design of a landscape plan.
(5)
Local soil conditions and water availability shall
be considered in the choice of landscaping.
(6)
In the design process, the eventual maturity of the
plant shall be considered for its effect on circulation patterns,
solar access, site lighting, drainage, emergency access, and relationship
to buildings and the streetscape.
(7)
In commercial developments, landscaping needs to have
a mixture of evergreen and deciduous trees (planted throughout the
depth of the buffer) for screening purposes all year.
(8)
Species of trees and shrubs that are less prone to
winter damage by deer should be selected.
(9)
Species of trees and shrubs that are attractive to
birds should be selected.
(10)
Extensive lawn areas, which require watering
and mowing and attract inappropriate wildlife (such as geese and deer),
are discouraged.
E.
Retention of existing vegetation.
(1)
Existing on-site vegetation shall be retained to the
greatest practicable extent. Furthermore, existing hedgerows, woodland
stands and other vegetated corridors, including stream corridors,
shall be retained and incorporated into the design.
(2)
Movement of existing topsoil shall be minimized and
shall not occur in open space and naturalized areas, and no topsoil
shall be removed from the site.
(3)
The removal of understory from woodlands, except for
exotic invasive species, is prohibited.
F.
Tree replacement.
(1)
Unless exempted or modified by the Board of Jurisdiction
due to existing vegetation, replacement of trees with a diameter at
four feet above ground level (dbh) equal to or greater than three-inch
caliper and less than thirty-six-inch caliper shall be as set forth
below:
|
Caliper of Existing Trees Removed
|
Number of Replacement Trees
|
|---|---|
|
Between 3 and 6
|
1
|
|
Between 6 and 12
|
3
|
|
Between 12 and 18
|
4
|
|
Between 18 and 24
|
5
|
|
Between 24 and 30
|
7
|
|
Between 30 and 36
|
10
|
(2)
Trees with a diameter greater than 36 inches may not
be removed if determined to be sound and healthy by a New Jersey certified
tree expert.
(3)
Trees that are removed shall be replaced with a two-inch
caliper tree of the same species. Exceptions shall be non-native invasive
species which shall be replaced with two-inch caliper native trees
that are indigenous to the site.
(4)
If the tree(s) to be removed are landmark trees, historic trees,
or specimen trees as defined herein, the replacement shall equal 200%
of the aggregate of the caliper removed.
[Added 11-17-2022 by Ord.
No. 474.2022]
(5)
The replacement trees, when required, shall be planted in the same
location as the tree removed. Where this is not feasible or desirable,
an alternative tree replacement proposal may be recommended in accordance
with the following schedule of preference:
[Added 11-17-2022 by Ord.
No. 474.2022]
(a)
Planting replacement trees in the location where the trees(s)
were removed; or
(b)
Planting replacement trees within the property containing the
removed tree(s); or
(c)
Planting replacement trees elsewhere in the Township within
a conservation easement, but as near as possible to the property from
which the tree(s) was/were removed; or
(d)
Planting trees elsewhere within the Township, preferably within
50 feet of a watercourse or roadway; or
(e)
Planting replacement trees elsewhere in the Township where placement
will create public benefit.
(6)
Tree Loss Mitigation Fund.
[Added 11-17-2022 by Ord.
No. 474.2022]
(a)
In the event that the property owner proposes to plant less
than the number of replacement trees required and it is determined
that it is not practical to replace the total number of trees required,
then the property owner shall provide $300 to the Tree Loss Mitigation
Fund of Bethlehem Township for each replacement tree which cannot
be planted. The mitigation amount shall be deposited prior to obtaining
a building permit or to any clearing.
(b)
The Tree Loss Mitigation Fund ("Fund") shall be used for the
planting of trees on Township-owned property, rights-of-way, easements
and alternative locations.
(c)
The Township Chief Financial Officer shall annually present
to the Township Committee the status of the funds available. The Township
Committee shall approve disbursements from the Fund, in accordance
with Subsection b above.
G.
Street trees.
(1)
Location.
(a)
Street trees shall be installed on both sides
of all streets in accordance with an approved landscape plan. Trees
shall be spaced evenly along the street between the curb and sidewalk.
Where the distance between the curb and sidewalk is less than five
feet, sidewalks should be placed in a public access easement outside
of the right-of-way to create a planting strip at least five feet
wide to facilitate street tree growth. In commercial areas with wider
sidewalks that extend to the curb, trees shall be placed in tree wells
with root guard systems. Such tree wells shall have sufficient soil
volume to support tree growth as follows:
|
Tree Size at Maturity
(height in feet)
|
Soil Volume
(cubic feet)
|
|---|---|
|
Large trees (45+)
|
200
|
|
Medium-sized trees (30 to 45)
|
150
|
|
Small trees (to 30)
|
100
|
(b)
Areas under sidewalks may be used to meet the
soil volume requirement, provided no more than 50% of the volume is
located under such hard paving.
(2)
Spacing.
(a)
When trees are planted at predetermined intervals
along streets, spacing shall depend on tree size.
|
Tree Size at Maturity
(height in feet)
|
Planting Interval
(feet)
|
|---|---|
|
Large trees (45+)
|
40
|
|
Medium-sized trees (30 to 45)
|
30
|
|
Small trees (to 30)
|
20
|
(b)
Trees may be planted closer together in order
to avoid interference with utilities, roadways, sidewalks, sight easements,
and streetlights.
(3)
Street tree type. Tree type may vary depending on
overall effect desired, but as a general rule, all trees shall be
large deciduous trees except as needed to achieve special effects.
Tree selection shall be approved by the Board in accordance with Tables
1, 2, and 3. Alternate selections may be approved at the discretion
of the Board.
[Amended 11-17-2022 by Ord. No. 474.2022]
|
Table 1
|
|---|
|
Recommended Small Street Trees
|
|
Botanical Name
|
Common Name
|
Minimum Planting Size
|
|---|---|---|
|
Acer campestre
|
Hedge Maple
|
2 1/2 to 3-inch caliper
|
|
Amelanchier laevis
|
Allegheny Serviceberry
|
2 to 2 1/2-inch caliper
|
|
Amelanchier x hydrida 'Cumulus'
|
Shadblow 'Cumulus'
|
2 to 2 1/2-inch caliper
|
|
Acer buergeranum
|
Trident Maple
|
2 1/2 to 3-inch caliper
|
|
Crataegus phaenopyrum x. fastigiata
|
Washington Hawthorne
|
2 1/2 to 3-inch caliper
|
|
Crataegus viridis
|
Green Hawthorne
|
2 1/2 to 3-inch caliper
|
|
Magnolia x lobneri 'Merrill'
|
Merrill Magnolia
|
10 to 12 feet
|
|
Table 2
|
|---|
|
Recommended Medium Street Trees
|
|
Botanical Name
|
Common Name
|
Minimum Planting Size
(caliper in inches)
|
|---|---|---|
|
Carpinus caroliniana
|
American Hornbeam
|
2 1/2 to 3-inch
|
|
Celtis bungeana
|
Bunge Hackberry
|
2 1/2 to 3-inch
|
|
Cladrastis kentuckea
|
Yellowwood
|
2 to 2 1/2-inch
|
|
Cladrastis lutea
|
Yellowwood
|
2 to 2 1/2-inch
|
|
Phellodendron amurense
|
Amur Corktree
|
2 1/2 to 3-inch
|
|
Tilia cordata x. 'Whitehouse'
|
Whitehouse Linden
|
3 to 3 1/2-inch
|
|
Table 3
|
|---|
|
Recommended Large Street Trees
(cultivated varieties)
|
|
Botanical Name
|
Common Name
|
Minimum Planting Size
(caliper in inches)
|
|---|---|---|
|
Acer rubrum1
|
Rubram Red Maple
|
2 1/2 to 3-inch
|
|
Acer saccharum
|
Sugar Maple
|
3 to 3 1/2-inch
|
|
Celtis occidentalis 'Magnifica'
|
Hackberry
|
3 to 3 1/2-inch
|
|
Fagus grandifolia
|
American Beech
|
2 1/2 to 3-inch
|
|
Fraxinus americana 'Autumn Purple'
|
Autumn Purple Ash
|
3 to 3 1/2-inch
|
|
Fraxinus pennsylvanicum 'Patmore'
|
Patmore Green Ash
|
3 to 3 1/2-inch
|
|
Ginkgo biloba (male only)
|
Ginkgo
|
3 to 3 1/2-inch
|
|
Gleditsia triacanthos inermis
|
Thornless Honey Locust
|
2 1/2 to 3-inch
|
|
Gymnocladus diocus
|
Kentucky Coffeetree
|
2 1/2 to 3-inch
|
|
Liquidambar styraciflua
|
Sweet Gum
|
2 1/2 to 3-inch
|
|
Liriodendron tulipifera
|
Tulip Tree
|
2 1/2 to 3-inch
|
|
Nyssa sylvatica
|
Black Tupelo
|
3 to 3 1/2-inch
|
|
Plantanus acerifolia
|
Plane Tree
|
2 1/2 to 3-inch
|
|
Platanus occidentalis
|
Sycamore
|
3 to 3 1/2-inch
|
|
Quercus alba
|
White Oak
|
2 1/2 to 3-inch
|
|
Quercus bicolor
|
Swamp White Oak
|
2 1/2 to 3-inch
|
|
Quercus borealis
|
Northern Red Oak
|
3 to 3 1/2-inch
|
|
Quercus coccinea
|
Scarlet Oak
|
3 to 3 1/2-inch
|
|
Quercus marcocarpa
|
Bur Oak
|
3 to 3 1/2-inch
|
|
Quercus palustris
|
Pin Oak
|
2 1/2 to 3-inch
|
|
Quercus palustris 'Green Pillar'2
|
Green Pillar Oak
|
3 to 3 1/2-inch
|
|
Quercus phellos
|
Willow Oak
|
3 to 3 1/2-inch
|
|
Quercus rubra
|
Red Oak
|
2 1/2 to 3-inch
|
|
Tilia Americana 'Legend'1
|
Legend American Linden
|
3 to 3 1/2-inch
|
|
Ulmus parvifolia3
|
Chinese Elm
|
3 to 3 1/2-inch
|
|
Zelkova serrata1, 3
|
Japanese Zelkova
|
3 to 3 1/2-inch
|
|
NOTES:
1 Cultivated variety.
A single cultivar should be selected for consistency in appearance
on a street.
2 Remove lower branches.
3 Non-native. Use
only in limited quantities.
|
(4)
Planting specifications. All trees shall have a minimum
caliper as noted in the appropriate table in this section unless otherwise
exempted. Street trees shall be substantially uniform in size and
shape, and have straight trunks. Trees shall be properly planted and
staked in accordance with the Bethlehem Township Engineering Standards.
Provision shall be made by the developer for regular watering and
maintenance until they are established. Dead or dying trees shall
be replaced by the developer during the next suitable planting season.
H.
Additional recommended trees. Any of the trees noted
in Tables 1, 2, and 3 may be used in the design of landscapes as well
as their use as street trees. The following trees are recommended
for site development purposes:
[Amended 11-17-2022 by Ord. No. 474.2022]
|
Table 4
|
|---|
|
Additional Recommended Trees
|
|
Botanical Name
|
Common Name
|
Minimum Planting Size
|
|---|---|---|
|
Acer palmatum
|
Japanese Maple
|
6 to 7 feet
|
|
Acer pennsylvanicum
|
Striped maple
|
2 1/2 to 3-inch caliper
|
|
Acer saccharum
|
Sugar Maple
|
3 to 3 1/2-inch caliper
|
|
Amelanchier canadensis
|
Shadblow Serviceberry
|
5 to 6 feet
|
|
Betula papyrifera
|
Paper Birch
|
2 1/2 to 3-inch caliper
|
|
Betula pendula
|
Weeping Birch
|
12 to 14 feet
|
|
Carpinus caroliniana
|
American Hornbeam (Ironwood)
|
2 1/2 to 3-inch caliper
|
|
Carya tomentosa
|
Mockernut Hickory
|
2 1/2 to 3-inch caliper
|
|
Cedrus atlantica glauca
|
Blue Atlas Cedar
|
6 to 8 feet
|
|
Celtis occidentalis
|
Hackberry
|
2 1/2 to 3-inch caliper
|
|
Cercidiphyllum japonicum
|
Katsura-tree
|
3 to 3 1/2-inch caliper
|
|
Cercis Canadensis
|
Eastern Redbud
|
6 to 8 feet
|
|
Chionanthus virginicus
|
White Fringetree
|
5 to 6 feet
|
|
Cornus florida
|
Flowering Dogwood
|
5 to 6 feet
|
|
Cornus florida & CVS
|
American Dogwood
|
2 1/2 to 3-inch caliper
|
|
Cornus kousa
|
Chinese Dogwood
|
2 to 2 1/2-inch
|
|
Cornus x ‘Rutcan’
|
Constellation Rutgers Dogwood
|
5 to 6 feet
|
|
Cornus x ‘Rutcan’
|
Celestial Rutgers Dogwood
|
5 to 6 feet
|
|
Cotinus obovatus
|
American Smoketree
|
2 1/2 to 3-inch caliper
|
|
Crataegus crus-galli
|
Cockspur Hawthorn
|
3 to 4 feet
|
|
Crataegus phaenopyrum
|
Washington Hawthorne
|
5 to 6 feet
|
|
Cryptomeria japonica
|
Cryptomeria
|
5 to 6 feet
|
|
Fagus grandifolia
|
American Beech
|
3 to 3 1/2-inch caliper
|
|
Fagus sylvatica 'cuprea'
|
Copper Beech
|
3 to 3 1/2-inch caliper
|
|
Gleditsia triacanthos inermis
|
Thornless Honeylocust
|
3 to 3 1/2-inch caliper
|
|
Halesia carolina
|
Carolina Silverbell
|
2 1/2 to 3-inch caliper
|
|
Ilex opaca
|
American Holly
|
4 to 5 feet
|
|
Juniperus virgineana
|
Eastern Red Cedar
|
4 to 5 feet
|
|
Juniperus virginiana
|
Red Cedar
|
5 to 6 feet
|
|
Liquidambar styraciflua
|
Sweetgum
|
3 to 3 1/2-inch caliper
|
|
Liriodendron tulipfera
|
Tuliptree
|
3 to 3 1/2-inch caliper
|
|
Magnolia virgineana
|
Sweetbay Magnolia
|
5 to 6 feet
|
|
Oxydendrum arboreum
|
Sourwood
|
5 to 6 feet
|
|
Picea abies
|
Norway Spruce
|
4 to 5 feet
|
|
Picea glauca
|
White Spruce
|
4 to 5 feet
|
|
Picea pungens
|
Colorado Spruce
|
4 to 5 feet
|
|
Pinus strobes
|
White Pine
|
7 to 8 feet
|
|
Pinus thunbergiana
|
Japanese Black Pine
|
5 to 6 feet
|
|
Pinus virginiana
|
Virginia Pine
|
5 to 6 feet
|
|
Populus balsamifera
|
Balsam Popular
|
2 1/2 to 3-inch caliper
|
|
Prunus cerasifera
|
Flowering Plum
|
2 1/2 to 3-inch caliper
|
|
Prunus serrulata
|
White Cherry
|
2 1/2 to 3-inch caliper
|
|
Pseudotsuga menziesii
|
Douglas Fir
|
4 to 5 feet
|
|
Quercus acutissima
|
Sawtooth Oak
|
3 to 3 1/2-inch caliper
|
|
Quercus palustris
|
Pin Oak
|
3 to 3 1/2-inch caliper
|
|
Rhammus frangula columnaris
|
Tallhedge Buckthorn
|
3 to 4 feet
|
|
Sassafras albidum
|
Sassafras
|
5 to 6 feet
|
|
Syringa vulgaris
|
Common Lilac
|
4 to 5 feet
|
|
Tilia cordata1
|
Linden
|
3 to 3 1/2-inch caliper
|
|
Tilia tomentosa1
|
Silver Linden
|
3 to 3 1/2-inch caliper
|
|
Tsuga Canadensis
|
Canadian Hemlock
|
4 to 5 feet
|
|
Ulmus Americana 'Delaware'2
|
American Elm, 'Delaware'
|
3 to 3 1/2-inch caliper
|
|
NOTES:
1 Cultivated variety.
A single cultivar should be selected for consistency in appearance
on a street.
2 Use only if resistant
to Dutch Elm Disease.
|
I.
Fall planting hazard. Certain trees have been identified
as having a high degree of transplantation failure if planted during
the fall season. These should be noted on landscape plans as spring
planting season only. The fall planting hazard trees include the following
genus and in some cases particular species:
|
Betula
|
Pyrus
|
|
Carpinus palustris
|
Quercus, excluding Q.
|
|
Crataegus
|
Salix babylonica
|
|
Ilex opaca
|
Tilia tomentosa
|
|
Liquidambar styraciflua
|
Zelkova
|
|
Liriodendron tulipifera
|
J.
Recommended shrubs. The following shrubs are recommended
for use in the Township, but are not mandatory. Other species may
be included in a plan.
[Amended 11-17-2022 by Ord. No. 474.2022]
|
Table 5
|
|---|
|
Recommended Shrubs
|
|
Botanical Name
|
Common Name
|
Minimum Planting Size
|
|---|---|---|
|
Abelia grandiflora
|
Glossy Abelia
|
18 to 24 inches
|
|
Aronia arbtutifolia brilliantissima
|
Red Chokeberry
|
2 to 3 feet
|
|
Aronia melanocarpa
|
Black Chokeberry
|
4 to 5 feet
|
|
Azalea delaware valley
|
Delaware Valley Azalea
|
18 to 24 inches
|
|
Azalea exbury
|
Exbury Azalea
|
18 to 24 inches
|
|
Azalea hino-crimson
|
Hino-Crimson Azalea
|
18 to 24 inches
|
|
Calycanthus occidentalis
|
Allspice
|
4 to 5 feet
|
|
Ceanothus americanus
|
New Jersey Tea
|
3 to 4 feet
|
|
Clethra alnifloia
|
Summersweet
|
15 to 18 inches
|
|
Cornus alba sibirica
|
Siberian Dogwood
|
3 to 4 feet
|
|
Cornus canadensis
|
Bunchberry
|
3 to 4 feet
|
|
Cornus sericea
|
Red Osier Dogwood
|
4 to 5 feet
|
|
Cornus stolonifera lutea
|
Yellowtwig
|
3 to 4 feet
|
|
Cotoneaster apiculata
|
Cranberry Cotoneaster
|
12 to 18 inches
|
|
Cotoneaster salicifolia repens
|
Park Carpet Cotoneaster
|
12 to 18 inches
|
|
Deutzia gracilis
|
Slender Deutzia
|
18 to 24 inches
|
|
Euonymous fortunei vegetus
|
Bigleaf Wintercreeper
|
18 to 24 inches
|
|
Fothergilla gardenii
|
Dwarf Fothergilla
|
12 to 18 inches
|
|
Fothergilla major
|
Large Fothergilla
|
12 to 18 inches
|
|
Hamamelis vernalis
|
Vernal Witch Hazel
|
4 to 5 feet
|
|
Hamamelis virginiana
|
Witchhazel
|
4 to 5 feet
|
|
Ilex crenata hellerei
|
Dwarf Japanese Holly
|
18 to 24 inches
|
|
Ilex glabra
|
Inkbeny
|
18 to 24 inches
|
|
Ilex glabra compacta
|
Compact Inkberry
|
18 to 24 inches
|
|
Ilex verticillata
|
Winterberry
|
4 to 5 feet
|
|
Juniperus chinensis glauca hetzi
|
Hetz Juniper
|
2 1/2 to 3 feet
|
|
Juniperus chinensis pfitzeriana compacta
|
Compact Pfitzer Juniper
|
18 to 24 inches
|
|
Juniperus chinensis torulosa
|
Torulosa Juniper
|
4 to 5 feet
|
|
Juniperus horizontalis "Bar Harbor"
|
Bar Harbor Juniper
|
18 to 24 inches
|
|
Juniperus horizontalis wiltoni
|
Blue Rug Juniper
|
18 to 24 inches
|
|
Juniperus sargenti
|
Sargent Juniper
|
15 to 18 inches
|
|
Juniperus virginiana
|
Upright Juniper
|
4 to 5 feet
|
|
Kalmia latiflora
|
Mountain Laurel
|
15 to 18 inches
|
|
Leucothoe axillaris
|
Coast Leucothoe
|
18 to 24 inches
|
|
Leucothoe racemosa
|
Fetterbush
|
3 to 4 feet
|
|
Magnolia soulangiana
|
Saucer Magnolia
|
8 to 10 feet
|
|
Magnolia stellata
|
Star Magnolia
|
6 to 8 feet
|
|
Magnolia virginiana
|
Sweetbay Magnolia
|
6 to 8 feet
|
|
Myrica pennsylvanicum
|
Bayberry
|
2 to 3 feet
|
|
Philadelphus virginalis
|
Virginal Mockorange
|
2 to 3 feet
|
|
Picea excelsa nidiformis
|
Birdnest Spruce
|
#1 can
|
|
Pieris japonica
|
Japanese Andromeda
|
15 to 8 inches
|
|
Pinus montana mughus
|
Mugho Pine
|
18 to 24 inches
|
|
Potentilla fruticosa
|
Bush Cinquefoil
|
12 to 18 inches
|
|
Pyracantha fiery cascade
|
Fiery Cascade Firethorn
|
18 to 24 inches
|
|
Rhamnus caroliniana
|
Carolina Buckthorn
|
3 to 4 feet
|
|
Rhododendron calendulaceum
|
Flame Azalea
|
2 to 3 feet
|
|
Rhododendron catawbienese
|
Catawba Rhododendron
|
2 to 3 feet
|
|
Rhododendron maximum roseum
|
Rosebay Rhododendron
|
2 to 3 feet
|
|
Spirea latifolia
|
Meadowsweet
|
3 to 4 feet
|
|
Spirea tomentosa
|
Steeple Bush
|
2 to 3 feet
|
|
Spirea vanhouttei
|
Vanhoutte Spirea
|
3 to 4 feet
|
|
Spirea bumalda 'Anthony Waterer'
|
Anthony Waterer Spirea
|
18 to 24 inches
|
|
Spirea nipponica 'Snowmound'
|
Snowmound Spirea
|
18 to 24 inches
|
|
Syringa vulgaris
|
Common Purple Lilac
|
5 to 6 feet
|
|
Taxus baccata repandens
|
English Yew
|
18 to 24 inches
|
|
Taxus cuspidata densiformis
|
Dense Yew
|
3 1/2 to four feet
|
|
Taxus media hicksi
|
Hicks Yew
|
18 to 24 inches
|
|
Thuja occidentalis
|
American Arborvitae
|
4 to 5 feet
|
|
Thuja occidentalis nigra
|
Dark American Arborvitae
|
5 to 6 feet
|
|
Vaccinium corymbosum
|
Highbush Blueberry
|
2 to 3 feet
|
|
Viburnum burkwoodi
|
Burkwood Viburnum
|
18 to 24 inches
|
|
Viburnum dentatum
|
Arrowwood
|
2 to 3 feet
|
|
Viburnum prunifolium
|
Blackhaw Viburnum
|
4 to 5 feet
|
|
Viburnum rhytidophyllum
|
Leatherleaf Viburnum
|
5 to 6 feet
|
|
Viburnum tomentosum
|
Doublefile Viburnum
|
5 to 6 feet
|
K.
Recommended plants for wet conditions. The following
plants are recommended for wetlands, floodplains, and stormwater management
facilities:
[Amended 11-17-2022 by Ord. No. 474.2022]
|
Table 6
|
|---|
|
Trees and Shrubs Recommended for Wet Conditions
|
|
Botanical Name
|
Common Name
|
Minimum Planting Size
|
|---|---|---|
|
Acer negundo
|
Boxelder
|
2 to 2 1/2-inch caliper
|
|
Acer rubrum
|
Red Maple
|
3 to 3 1/2-inch
|
|
Acer saccharinum
|
Silver Maple
|
3 to 3 1/2-inch
|
|
Alnus serrulata
|
Smooth Alder
|
2 to 2 1/2-inch
|
|
Amelanchier alleghiensis
|
Allegheny Serviceberry
|
2 1/2 to 3-inch
|
|
Amelanchier canadensis
|
Shadblow (Downy Serviceberry)
|
2 1/2 to 3-inch
|
|
Aronia arbutifolia
|
Red Chokeberry
|
2 to 3 feet
|
|
Aronia melanocarpa
|
Black Chokeberry
|
2 to 3 feet
|
|
Betula nigra
|
River Birch
|
10 to 12 feet
|
|
Betula populifolia
|
Gray Birch
|
10 to 12 feet
|
|
Celphalanthus occidentalis
|
Buttonbush
|
2 to 3 feet
|
|
Clethra alnifolia
|
Summersweet
|
18 to 24 inches
|
|
Cornus amomum
|
Silky Dogwood
|
3 to 4 feet
|
|
Cornus sericea
|
Red Osier Dogwood
|
3 to 4 feet
|
|
Ilex glabra
|
Inkberry Holly
|
18 to 24 inches
|
|
Ilex verticillata
|
Winterberry Holly
|
18 to 24 inches
|
|
Itea virginica
|
Virginia Sweetspire
|
12 to 15 inches
|
|
Lindera benzoin
|
Spicebush Sweetspire
|
18 to 24 inches
|
|
Liquidambar styraciflora
|
Sweetgum
|
3 to 3 1/2-inch
|
|
Magnolia virgineana
|
Sweetbay Magnolia
|
6 to 8 feet
|
|
Nyssa sylvatica
|
Black Gum
|
2 to 2 1/2-inch
|
|
Platanus occidentalis
|
American Sycamore
|
2 1/2 to 3-inch
|
|
Quercus bicolor
|
Swamp White Oak
|
2 1/2 to 3-inch caliper
|
|
Quercus palustris
|
Pin Oak
|
3 to 3 1/2-inch
|
|
Salix discolor
|
Pussy Willow
|
3 to 4 feet
|
|
Salix babylonica
|
Weeping Willow
|
3 to 3 1/2-inch
|
|
Salix nigra
|
Black Willow
|
2 to 2 1/2-inch
|
|
Sambucus canadensis
|
Elderberry
|
2 to 3 feet
|
|
Vaccinium corymbosium
|
Highbush Blueberry
|
2 to 3 feet
|
|
Viburnum dentatum
|
Arrowwood Viburnum
|
2 to 3 feet
|
|
Viburnum trilobum
|
American Cranberry Bush
|
4 to 5 feet
|
L.
|
Table 7
List of Invasive Species
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Pyrus calleryana 'Bradford'
|
Bradford Pear
|
|
Acer platanoides
|
Norway maple
|
|
Paulownia tomentosa
|
Princess Tree
|
|
Ailanthus altissima
|
Tree of Heaven
|
M.
Buffers. Landscaping buffers are areas required to
minimize and visually screen any incompatible uses, adverse impacts,
or nuisances on a site or from any adjacent area.
(1)
General requirements.
(a)
Landscape buffers shall consist of a combination
of deciduous trees, conifers, shrubs, berms and, if appropriate, fences
or walls in sufficient quantities and sizes to perform their necessary
screening function.
(b)
Buffers may be installed in required yard areas
except for reverse frontage buffers where they shall be in addition
to the required yard area.
(c)
Buffers shall be continuous except for access
drives as approved by the Board. Stormwater management facilities,
parking, dumpster enclosures, accessory building or aboveground structures,
and similar encroachments shall not be permitted in the required buffer
area.
(d)
The minimum width of a landscape buffer shall
be dependent on the proposed use of a property and the land uses adjacent
to it in accordance with Table 8.
(e)
Buffer areas shall be permanently maintained,
and plant material which does not live shall be replaced by the owner
within one-year or one growing season.
(2)
Plant densities and structure requirements. The density
of plantings and the requirements for structures shall vary with the
width of the buffer in accordance with the following and Table 9:
(a)
Any buffer 15 feet or less in width shall incorporate
a fence or wall into the landscape design. The fence or wall shall
be located on the side of the buffer with the most intensive use.
(b)
Fences and walls may be used to reduce the required
width of and number of plants in the buffer in accordance with Table
10.
|
Table 8
|
|---|
|
Required Minimum Buffer Widths
|
|
Adjacent Land Uses (feet)
| |||||||
|---|---|---|---|---|---|---|---|
|
Proposed Land Use
|
Agriculture
|
Residential
Type A(1)
|
Residential
Type B(2)
|
Retail
|
Professional
Office
|
Other office
|
Institutional
/ Quasi-public
|
|
Agriculture
|
None
|
100 ft.
|
100 ft.
|
50 ft.
|
50 ft.
|
50 ft.
|
50 ft.
|
|
Residential
|
100
|
None
|
25 ft.
|
40 ft.
|
25 ft.
|
50 ft.
|
50 ft.
|
|
Type A1
| |||||||
|
Residential TypeB2
|
100
|
50 ft.
|
None
|
25 ft.
|
25 ft.
|
50 ft.
|
50 ft.
|
|
Retail: Neighbor-
hood Commercial
|
N/A
|
20 ft.
|
20 ft.
|
None
|
15 ft.
|
None
|
None
|
|
Other retail
|
50 ft.
|
40 ft.
|
40 ft.
|
None
|
15 ft.
|
25 ft.
|
None
|
|
Professional office
|
50 ft.
|
25 ft.
|
25 ft.
|
15 ft.
|
None
|
None
|
None
|
|
Other office
|
50 ft.
|
50 ft.
|
50 ft.
|
25ft.
|
None
|
None
|
None
|
|
Institu-
tional/ Quasi-public
|
50 ft.
|
50 ft.
|
50 ft.
|
None
|
None
|
None
|
None
|
|
Industrial
|
50 ft.
|
100 ft.
|
100 ft.
|
25 ft.
|
25 ft.
|
25 ft.
|
25 ft.
|
|
NOTES:
1 Residential Type
A equals single-family detached, duplex and semidetached dwellings.
2 Residential Type
B equals all other dwellings except those in institutional settings,
i.e., residential health-care facilities, skilled nursing facilities
and assisted living facilities. The institutional category shall apply
to these exceptions.
|
|
Table 9
|
|---|
|
Minimum Plant Density for Buffers
|
|
Minimum Number of Required Plant Types
per
100 Lineal Feet
| ||||
|---|---|---|---|---|
|
Required Buffer Width
(feet)
|
Large or Medium Trees
|
Small or Ornamental Trees
|
Evergreens and Conifers
|
Shrubs
|
|
151
|
3
|
4
|
9
|
20
|
|
20
|
4
|
6
|
10
|
24
|
|
25
|
5
|
8
|
15
|
30
|
|
40
|
6
|
9
|
18
|
36
|
|
50
|
8
|
12
|
24
|
48
|
|
1002
|
10
|
15
|
30
|
60
|
|
NOTES:
1 Buffers of this
width or less shall incorporate an opaque fence or wall.
2 Twenty thorny understory,
38 thorny shrubs, 34 hedgerow shrubs and six large trees per 100 lineal
feet may substitute for an agricultural buffer.
|
|
Table 10
|
|---|
|
Allowable Reductions in Buffer Widths
and Plant Densities
|
|
Required Buffer Width
(feet)
|
Reduced Buffer Width With Fence1 or Wall
(feet)
|
Allowed Reduction in Number of Plants
Required in Table 7 with Fence or Wall2
|
|---|---|---|
|
15
|
None
|
None
|
|
20
|
15
|
20%
|
|
25
|
20
|
20%
|
|
40
|
30
|
25%
|
|
50
|
40
|
25%
|
|
100
|
75
|
None
|
|
NOTES:
1 Fence or wall shall
be opaque and sufficient to visually obstruct the view of persons
at ground level.
2 Allowed reduction
shall be evenly distributed over all required plant types.
|
(3)
Existing vegetation may substitute for all or part
of the required buffer plantings and may be accepted in lieu of new
plantings at the discretion of the Board.
(4)
Reverse frontage buffer for residential uses. Reverse
frontage screening shall be required where residential units or lots
back onto any arterial or major collector street. The following landscape
treatments shall be provided in order to screen private residential
spaces from the roadway:
(a)
A landscape buffer of 25 feet in width shall
be provided in accordance with Table 8.
(b)
The preservation of existing trees is required
except where their removal is determined by the Board to be necessary
for the improvement of the property. Where existing understory screening
does not block at least 60% of the view from the street, supplemental
shade-tolerant plantings of shrubs, evergreen and ornamental trees
shall be installed to complete screening of residences. Sidewalks,
if planned, shall be designed to avoid mature plantings even if a
public access easement is necessary.
N.
Cul-de-sacs. Where a homeowners' or condominium association
is established or intended to be established for the maintenance of
common open space or storm water management basins, vegetated islands
in the center of cul-de-sacs should be proposed that exhibit the following
criteria:
(1)
All plant material shall be designed for a mature
height under 30 inches (2.5 feet) or above seven feet in order to
allow for proper visibility.
(2)
All plants shall be tolerant of drought, salt and
reflected heat from pavement.
(3)
Ground cover plantings shall be consistent with the
degree of maintenance expected for the cul-de-sacs and of sufficient
density to entirely cover the ground surface.
O.
Stormwater facilities. Stormwater management areas,
including retention and detention basins, drainage ditches and swales,
and wetland areas shall be landscaped in accordance with the standards
in this subsection. The screening of outfall structures and emergency
spillways from public view is of particular importance in the landscape
design. This may involve integration of these areas as aesthetic landscape
features, naturalized wetland areas, or active and passive recreation
areas, in addition to their stormwater management function. Detention
and retention basins should be located in cleared areas where reasonably
feasible.
(1)
Stormwater detention facility landscaping.
(a)
Interior tree planting.
[1]
Basins designed as naturalized wetland areas
shall be planted with a quantity of trees equal to the number necessary
to cover the entire area of the basin to the emergency spillway elevation
at a rate of one tree per 400 square feet. Notwithstanding the minimum
planting size as otherwise required in this section, of this number
10% shall be two- to 2 1/2-inch caliper, 20% shall be one-and-five-tenths-inch
to two-inch caliper, and 70% shall be six-to-eight-foot height whips.
The trees shall be planted in groves and spaced five feet to 15 feet
on-center.
[2]
The perimeter area (slopes above the high water
line) shall include shade trees at a rate of 6/100 lineal feet, evergreen
trees at a rate of 3/100 lineal feet and sufficient ornamental trees
and shrubs to screen drainage structures and create visual interest.
Trees should be grouped in concert with the grouping of trees in the
interior of the basin.
[3]
Basins designed to function as dry basins shall
be planted with trees in areas of the interior of the basin where
there will not be interference with the maintenance of the basin and
low-flow channel as determined by the Township Engineer.
(b)
The ground should be seeded with a wildflower
or wet meadow grass mix but in certain circumstances may require sod
or hydroseeding to stabilize the basin slopes.
(c)
Planting other than wildflowers and grasses
shall not be located within 10 feet of low-flow channels to facilitate
drainage.
(d)
All plants shall be tolerant of typical floodplain
and wetland conditions. See Table 6 for recommended wet condition
plants.
(e)
Where basins are required to be located in existing
wooded areas because of existing topological constraints, islands
of existing vegetation should be retained. If the existing vegetation
is retained, the new plantings requirement shall be correspondingly
reduced.
(f)
Provisions for emergency access as well as general
maintenance of the basins shall be reviewed by the Board of Jurisdiction.
Plantings shall be designed to disguise yet not hinder vehicular access.
(g)
Planting shall not be permitted upon any berm
associated with a detention basin unless approved by the Township
Engineer.
(2)
Stormwater retention facility landscaping.
(a)
The planting of the perimeter of the water's
edge shall accentuate views of the water and to the extent feasible
integrate pedestrian paths, sitting areas, and other passive recreational
uses. Plantings shall include formal or informally massed deciduous
and evergreen trees and shrubs to screen and frame views with ornamental
trees, shrubs and grasses used for visual interest or special effect.
A continuous landscape area shall be provided.
(b)
The water's edge shall be stabilized by methods
which may include rip-rap, stone walls, natural plantings, decking
and bulkheads. In order to maintain water quality, the design of retention
facilities should incorporate plantings to the water's edge in appropriate
areas where no mowing would be permitted.
(c)
If retention facilities are used as a recreational
amenity, pedestrian access to the water shall be controlled.
(3)
All basin structures shall be designed to blend into
the landscape in terms of construction materials, color, grading,
and planting.
P.
Open space landscaping.[3] Common or public open space provided as a part of any
cluster development shall be landscaped in one of the following ways,
depending upon the intent of the use for the open space.
(1)
Conservation use. Conservation areas are appropriate
in areas adjacent to and inclusive of natural features to be preserved,
including wooded areas, water bodies, streams, wetlands, and steep
slopes. The following conservation use design guidelines shall apply:
(2)
Recreational open space. The following landscape standards
shall apply for recreational uses:
(a)
Grading and plantings of the recreation area
shall remain consistent with the overall landscape design. The landscape
design shall consist of massed deciduous and evergreen trees and berms
to create spaces and views and ornamental trees and shrub masses for
visual variety, interest and detail.
(c)
Adjacent dwelling units shall be buffered from
active play areas.
(d)
In the area where a recreation facility fronts
onto a public or private street, fencing may be required to provide
controlled access. The adjacent street tree planting shall be continued
along this area, and any reverse frontage buffer planting shall be
integrated with open space plantings.
[3]
Editor's Note: See also § 102-13.1D(11) and (14) pertaining to residential cluster common areas and open space.
Q.
Parking and loading area landscaping. The objectives
of the landscape architectural treatment of all parking areas shall
be to provide for safe and convenient movement of vehicles, to limit
pedestrian/vehicular conflicts, to limit paved areas, to provide for
screening from public rights-of-way and buildings, to reduce the overall
visual impact of parking lots, and to provide shade and reduce heat
island effects. All nonresidential parking lots and residential parking
lots in excess of five spaces shall conform to the following requirements:
(1)
The minimum width of landscape islands shall be eight
feet on the side of parking spaces and 10 feet between parking bays.
If sidewalks are incorporated through the long axis of the landscape
islands, their width shall be added to these requirements. Where the
parking lot design will result in pedestrians cutting perpendicularly
through landscape islands, sidewalks shall be installed at regular
intervals through the short axis.
(2)
Landscape islands shall be planted with a combination of deciduous trees, evergreen and deciduous shrubs, and ground cover at the rate of six large or medium trees, four small or ornamental trees and 60 shrubs per 100 lineal feet along the long axis of the island. Trees required to be replaced from site clearing pursuant to § 102-23E may be placed in such landscape islands.
(3)
Parking and loading areas shall be screened by a combination of berms, hedges, fences, or walls. The minimum screening height at planting shall be three feet and shall have a height of at least four feet within three years of installation. Loading dock areas shall be screened with a minimum height of eight feet at planting and shall achieve a height of at least 12 feet five years after installation. Land use mitigation buffers pursuant to § 102-23K may be used to meet these requirements.
(4)
Parking lot lighting should be sited within landscape islands, however, without hindering necessary lighting coverage. See also § 102-21 for lighting requirements.
(5)
No more than 20 parking spaces shall be placed in
one row of parking without an intervening landscape island.
R.
Historic resources landscaping. The objectives of
landscape architectural treatment of sites inclusive of historic resources
and natural amenities shall be to preserve and enhance such amenities
for present and future Bethlehem residents. Historic resources and
natural amenities may be areas of unique landscape character. This
may include, but is not limited to, bodies of water, streams, wetlands,
windbreaks, groves of trees, hedgerows, orchards, unique vistas, historic
structures and landmarks.
S.
Site protection and general planting requirements.
(1)
Topsoil preservation. Topsoil moved during the course
of construction shall be redistributed on all regraded surfaces so
as to provide at least four inches of even cover to all disturbed
areas of the development and shall be stabilized by seeding or planting.
(2)
Removal of debris. All stumps and other tree parts,
litter, brush, weeds, excess or scrap building materials, or other
debris shall be removed from the site and disposed of in accordance
with New Jersey Department of Environmental Protection regulations.
No tree stumps, portions of tree trunks or limbs shall be buried anywhere
in the development. All dead or dying trees, standing or fallen, shall
be removed from the site. If trees and limbs are reduced to chips,
they may, subject to approval of the Municipal Engineer, be used as
mulch in landscaped areas, provided they have been properly composted.
(3)
Protection of existing plantings. Maximum effort should
be made to save specimen plants. No material or temporary soil deposits
shall be placed within four feet of shrubs or 10 feet of trees designated
to be retained on the preliminary and/or final plat. See Bethlehem
Township Engineering Standards for details on tree wells and tree
protection.
(4)
Slope plantings. Landscaping of the area of all cuts
and fills and/or terraces shall be sufficient to prevent erosion,
and all roadway slopes steeper than 3:1 shall be planted with ground
cover appropriate for the purpose and soil conditions, water availability,
and the environment. Such slopes must be protected from erosion until
the landscaping has matured sufficient to perform this function as
determined by the Township Engineer.
T.
Planting details. Planting details shall be as required
in the Bethlehem Township Engineering Standards.
A.
Lots.
(1)
Whenever the owner of a lot existing at the time of
adoption of this chapter has dedicated or conveyed land to the township
in order to meet the minimum street width requirements of the Official
Map or Master Plan of the Township, the Construction Official shall
issue construction and occupancy permits for lots whose depth and/or
areas are rendered substandard only because of such dedication and
where the owner has no other adjacent lands to provide the minimum
requirements.
(2)
Any existing lot on which a building or structure
is located and which lot does not meet the minimum lot size, or structure
which violates any yard requirements, may have additions to the principal
building and/or construction of an accessory building without an appeal
for variance relief, provided that:
(a)
The existing use(s) on the lot are conforming
to the permitted use(s) stipulated in this chapter for the lot in
question.
(b)
The total permitted building coverage is not
exceeded.
(c)
The accessory building and/or addition do not
violate any other requirements of this chapter, such as but not limited
to height, setbacks and parking.
B.
Structures and uses.
(1)
Any preexisting nonconforming authorized use or structure
existing at the time of the passage of this chapter may be continued
upon the lot or in the structure so occupied, and any such structure
may be repaired in the event of partial destruction thereof, provided
that no more than 50% of said structure is destroyed.
(2)
Repairs and maintenance work required to keep a structure
in sound condition may be made to a nonconforming structure containing
a nonconforming use. However, no nonconforming structure containing
a nonconforming use shall be enlarged, extended, constructed, reconstructed
or structurally altered in any manner without an appeal for variance
relief.
A.
Landscaping See § 102-23P regarding standards for parking and loading area landscaping.
[Amended 12-6-2001 by Ord. No. 255-32-2001]
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 102-21.
C.
Paving and curbing.
(1)
All parking and loading areas and access drives shall
be paved as provided below, except that the Board, at the request
of the applicant and in consideration of the specific parking needs
of the applicant, may permit a reduction in the paved area devoted
to parking, provided that:
(a)
The submitted plan shall include all the parking
spaces required by this chapter and shall include those spaces to
be paved and those requested not to be paved;
(b)
All parking areas not to be paved shall be suitably
landscaped, and such landscaping shall be indicated on the submitted
plan and be in addition to landscaping otherwise required or necessary;
(c)
The drainage system for the site shall be designed
to accommodate the surface water runoff from all parking and drainage
areas, considering all such areas to be paved, whether proposed to
be paved as part of the application approval or deferred to a possible
future date; and
(d)
The applicant shall agree in writing on the
submitted plan to pave any or all of the nonpaved parking areas should
the paved parking areas prove to be inadequate to accommodate the
on-site parking needs of the premises.
(2)
All paved parking and loading areas and access drives
shall be paved as outlined below unless otherwise specified by the
appropriate municipal agency and approved as part of the development
application approval. All parking areas, regardless of size and location,
shall be suitably drained and maintained.
(a)
Areas of ingress or egress, loading and unloading
areas, major interior driveways or access aisles and other areas likely
to experience heavy traffic shall be paved with not less than four
inches of compacted base course of plant-mixed bituminous, stabilized
base course, constructed in layers of not more than two inches compacted
thickness and prepared and constructed in accordance with Division
3, Section 2A, of the Standard Specifications for Road and Bridge
Construction, 1983, as prepared by the New Jersey State Highway Department
of Transportation, and any supplements, addenda and modifications
thereto. A minimum two-inch compacted wearing surface of bituminous
concrete (FABC) shall be constructed thereon in accordance with Division
3, Section 10, of the aforesaid New Jersey Highway Department specifications
and amendments thereto.
(b)
Parking stall areas and other areas likely to
experience similar light traffic shall be paved with not less than
three inches of compacted base course of plant-mixed bituminous, stabilized
base course, prepared and constructed in accordance with Division
3, Section 10, of the aforesaid New Jersey State Highway specifications
and amendments thereto. A minimum two-inch-thick compacted wearing
surface of bituminous concrete (FABC) shall be constructed thereon
in accordance with Division 3, Section 10, of the aforesaid New Jersey
Department specifications and amendments thereto.
(c)
Where subgrade conditions of proposed parking
and loading areas are wet, springy or of such a nature that surfacing
would be inadvisable without first treating the subgrade, the treatment
of the subgrade shall be made in the following manner: The areas shall
be excavated to a suitable depth below the proposed finished grade
and filled with a suitable subgrade material as reasonably determined
by the Township Engineer. Where required by the Township Engineer,
a system of pourous concrete pipe subsurface drains or an alternate
solution approved by the township shall be constructed beneath the
surface of the parking area and connected to a suitable drain. After
the subbase material has been properly placed and compacted, the parking
area surfacing material, as described hereinabove, shall be spread
thereon.
(3)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
(4)
Parking spaces shall be nine feet wide by 20 feet
long unless the Planning Board, for good reasons offered by the applicant,
permits smaller spaces.
D.
Access. The center lines of any separate access points
shall be spaced at least 65 feet apart, shall handle no more than
two lanes of traffic, shall be at least 20 feet from any property
lines and shall be set back from the street line of any intersecting
street at least 50 feet or 1/2 the lot frontage, whichever is greater,
except that in no case need the setback distance exceed 200 feet.
Continuous open driveways in excess of 16 feet at the street line
shall be prohibited, except that two-way driveways serving nonresidential
uses and multiple-family developments shall be at least 24 feet wide.
In all instances, due consideration to the proposed width, curbing,
direction of traffic flow, radii of curves and method of dividing
traffic lanes shall be given. Curbing, where required, shall be depressed
at the driveway, and the curbing may be rounded at the corners.
E.
Location of parking and loading. Required off-street
parking and loading spaces shall be located on the same lot or premises
as the use served, regardless of the number of spaces required by
this chapter. No parking of vehicles shall be permitted in fire lanes,
streets, driveways, landscaped areas, aisles, buffer areas, sidewalks
or turning areas.
F.
Type of facility.
(1)
Parking spaces may be on, above or below the surface
of the ground. When parking spaces are provided within a garage or
other structure, said structure shall adhere to the proper accessory
or principal building setbacks, as applicable.
(2)
The provision of parking spaces shall also include
adequate driveway and necessary turning areas for handling the vehicles
for which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicles. Aisles
providing access to parking areas shall have the following minimum
dimensions:
|
Angle of Parking Space
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
|
|---|---|---|
|
90°
|
22
|
24
|
|
60°
|
18
|
20
|
|
45°
|
15
|
20
|
|
30°
|
12
|
18
|
|
Parallel
|
12
|
18
|
|
Where the angle of parking is different on both
sides of the aisle, the larger aisle width shall prevail.
| ||
An application for a construction permit shall
provide documentation that the intended use will comply with the performance
standards enumerated below. In the case of a structure being built
where the future use is not known, a construction permit may be issued
with the conditions that no certificate of occupancy will be issued
until such time as this documentation is submitted with respect to
the particular occupant. These provisions shall not apply to any sewage
treatment plant which has received approval by the State Department
of Environmental Protection.
A.
Electrical and/or electronic devices. All electric
or electronic devices shall be subject to the provisions of Public
Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled
"An Act for the Protection of Public Health and Safety from the Dangers
of Electronic Product Radiation," and the BOCA Basic Building Code
as adopted by the State of New Jersey.
B.
Glare. No use shall produce a strong, dazzling light
or reflection of a strong, dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining properties, adjoining units, adjoining districts or streets.
C.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which could cause
the temperature to rise or fall in any body of water, except that
this provision shall not apply to any sewage treatment plant which
has received approval by the State Department of Environmental Protection.
D.
Noise. Noise levels shall be designated and operated
in accordance with local regulations and those rules established by
the New Jersey Department of Environmental Protection as they may
be adopted and amended.
E.
Odor. Odors shall not be discernible at the lot line
or beyond.
F.
Storage and waste disposal. No provision shall be
made for the depositing of materials or waste upon a lot where they
may be transfered off the lot by natural causes or forces or where
they can contaminate an underground aquifer or otherwise render such
an underground aquifer undesirable as a source of water supply or
recreation or where they will destroy aquatic life. Provision shall
be made for all material or waste which might cause fumes or dust
or which constitute a fire hazard or which may be edible or otherwise
attractive to rodents and insects to be enclosed in appropriate containers
to eliminate such hazards.
G.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses nor contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless set back from all property lines at
least 15 feet.
H.
Vibration. There shall be no vibration which is discernible
to the human senses of feeling beyond the immediate lot.
I.
Toxic and radioactive substances. There shall be no
toxic or radioactive substances associated with any use.
[Amended 2-2-1989 by Ord. No. 202-19-89]
Unless otherwise specified in this chapter,
no more than one principal building or use shall be permitted on one
lot.
A.
All public services shall be connected to an approved
public utilities system, where one exists. The developer shall arrange
with the servicing utility for the underground installation of the
distribution supply lines and service connections, in accordance with
the provisions of the applicable standard terms and conditions incorporated
as part of its tariff, as the same are on file with the New Jersey
State Board of Public Utility Commissioners; provided, however, that
lots which abut existing streets where overhead electric or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric and telephone service
from these overhead lines, but any new service connections from the
utilities' overhead lines shall be installed underground. In cases
where extension of service are needed to existing or new buildings
in established subdivisions or developments, the present method of
service may be continued. In the case of existing overhead utilities,
however, should a road widening or an extension of service or such
other condition occur as a result of the development and necessitate
the replacement or relocation of such utilities, the developer shall
cause the replacement or relocation to be underground.
(1)
Upon submission of preliminary plats or plans for
approval, the developer shall present a statement of interest, setting
forth all public utility companies to serve the tract.
(2)
Prior to the preconstruction meeting proceeding the
commencement of construction, the developer shall furnish the administrative
officer a copy of the agreements with the applicable public utility
companies certifying the jurisdiction of the public utility company
for the particular portion of the Township, indicating agreement with
the proposed utility installation design and stating who will construct
the facility so that service will be available prior to occupancy.
The form of such agreement(s) shall be reviewed and approved by the
Township Attorney prior to the commencement of construction.
(3)
The developer shall provide the Township with four
copies of a final as-built plan showing the installed location of
the facilities.
B.
Easements along property lines or elsewhere for utility
installation may be required. Such easements shall be at least 20
feet wide and located in consultation with the companies or Township
departments concerned and, to the fullest extent possible, shall be
centered on or adjacent to lot lines. Such easement dedication shall
be expressed on the plat or plan as follows: "Utility right-of-way
easement granted for the purposes provided for and expressed in the
Land Development Ordinance of Bethlehem Township."
[Amended 11-7-2002 by Ord. No. 255-34-2002; 10-1-2009 by Ord. No.
255.54.2009; 8-16-2018 by Ord. No. 457.2018; 7-18-2019 by Ord. No. 462.2019; 6-3-2021 by Ord. No. 462.2021]
A.
Where a public wastewater treatment plant and collection system is
accessible, or where such facilities are to be constructed as a condition
of approval of any application for development, the developer shall
construct such wastewater treatment facilities and/or sanitary sewer
lines and building connections in accordance with New Jersey Department
of Environmental Protection permit requirements and in such a manner
as to make adequate sewage treatment available to each lot and building
within the development.
B.
Where, in the written opinion of the Hunterdon County Health Department
to the Planning Board or the Zoning Board of Adjustment, as the case
may be, the soil characteristics of the subject land are of such quality
to permit the use of subsurface sewage disposal systems as a means
of sewage disposal, the same may be approved by the Planning Board
or the Zoning Board of Adjustment, as the case may be, in the absence
of accessibility to a public wastewater treatment plant or the construction
of such treatment facilities by the developer. The written opinion
of the Hunterdon County Health Department shall include a certification
by a licensed engineer that the proposed sewerage facilities for the
proposed realty improvements are in compliance with state and local
ordinances.
C.
All new individual subsurface sewage disposal systems shall be located
in accordance with the principal building setbacks of the lot to be
served by the system and must be shown on a site plan. In addition,
an alternate site for any new individual subsurface sewage disposal
system must be shown on a site plan.
D.
An individual subsurface sewage disposal system replacing a failed
existing system or altering an existing system shall be subject to
the following setback requirements:
(1)
All tanks, piping and disposal fields proposed at or below existing
grade shall be located in accordance with N.J.A.C. 7:9A-4.3 required
separation distances.
(2)
Mounded disposal fields are not permitted in the front yards and
shall be set back from all side and rear property lines a minimum
distance of 50% of the required building setback in the zone or as
permitted in N.J.A.C. 7:9A-4.3, whichever is greater.
E.
Deviations from the setback requirements may be permitted, provided
that:
(1)
The Township Engineer makes a finding that the system cannot be located
within the required setbacks and recommends the approval of the proposed
location of the system.
(2)
The Planning Board reviews, considers and agrees with the Township
Engineer's recommendation; and
(3)
The system meets county and state regulations for subsurface sewage
disposal systems as determined by the County Health Department.
F.
The Planning Board shall review and consider the recommendation of
the Township Engineer at a public meeting. If the Planning Board agrees
with the Township Engineer's recommendation, the Board Secretary shall
issue a letter to the Hunterdon County Health Department advising
of the same. If the Planning Board does not agree with the Township
Engineer's recommendation, approval of the appropriate setback variance(s)
shall be required therefrom.
G.
The applicant shall be required to pay the Township Engineer's review
fee, which shall be $200 for each application that requires a determination
as to whether the septic system cannot be located within the applicable
setback requirements and an additional $100 for each additional issue
that the Hunterdon County Board of Health advises must be reviewed
and analyzed by the Township Engineer. The total of all review fees
shall not exceed $400 irrespective of the number of additional issues
raised by the Hunterdon County Health Department. In addition, the
applicant shall be required to submit an electronic copy of all plans
to the Planning Board in connection with the application.
[Amended 2-7-1991 by Ord. No. 255-91; 5-1-2008 by Ord. No.
255-50-2008]
A.
Short title. This section shall be known as the "Sign
Regulations of the Township of Bethlehem, Hunterdon County, New Jersey."
B.
Preamble.
[Added 10-6-2011 by Ord. No. 255.50.2011[1]]
(1)
The Township Committee of the Township of Bethlehem in Hunterdon
County finds and determines that the Township's Land Use and Development
Code (hereinafter "Land Use Code") and its signage regulations were
intended to maintain and improve the quality of life for all citizens
of the Township;
(2)
The Township Committee wishes to ensure that the Township's Land
Use Code as it relates to signs is in compliance with all constitutional
and other legal requirements;
(3)
The Township Committee wishes to prohibit certain sign types, including
commercial billboards;
(4)
The Township Committee finds that certain types of signs, particularly
large signs, create a safety hazard by distracting motorists, pedestrians,
and others;
(5)
The Township Committee wishes to protect the safety of motorists,
pedestrians, and others from distraction caused by signs;
(6)
The Township Committee finds that some signs, particularly large
signs, detract from the aesthetic beauty of the landscape;
(7)
The Township Committee wishes to preserve the aesthetic and natural
beauty of the Township;
(8)
The regulation of signage for purposes of aesthetics has long been
recognized as advancing the public welfare;
(9)
As far back as 1954, the United States Supreme Court recognized that
"the concept of the public welfare is broad and inclusive," that the
values it represents are "spiritual as well as physical, aesthetic
as well as monetary," and that it is within the power of the legislature
"to determine that the community should be beautiful as well as healthy,
spacious as well as clean, well balanced as well as carefully patrolled"
[Justice Douglas in Berman v. Parker, 348 U.S. 26, 33 (1954)];
(10)
The regulation of signage for purposes of aesthetics directly
serves the policy of this state;
(11)
The Township Committee finds and determines that the Township
has adopted a Land Use Code in order to implement the Bethlehem Township
Master Plan (hereinafter "Master Plan"), and comply with the requirements
in the Municipal Land Use Law, including the regulation of sign structures
in conjunction with the development of land;
(12)
Consistent with New Jersey's Municipal Land Use Law P.L. 1975,
c. 291,[2] the Township of Bethlehem's Land Use Code regulates land development so as to guide the appropriate use and development of land within the Township and in a manner which will promote and protect the public health, safety, morals and general welfare per § 102-3 of the Land Use Code;
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(13)
Consistent with New Jersey's Municipal Land Use Law P.L. 1975,
c. 291,[3] the Township of Bethlehem's Land Use Code regulates land development so as to promote the conservation of open space and valuable natural resources per § 102-3 of the Land Use Code;
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(14)
Consistent with New Jersey's Municipal Land Use Law P.L. 1975,
c. 291,[4] the Township of Bethlehem's Land Use Code regulates land development so as to promote a desirable visual environment through creative development techniques and good civic design and arrangements per § 102-3 of the Land Use Code;
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(15)
Consistent with New Jersey's Municipal Land Use Law P.L. 1975,
c. 291,[5] the Township of Bethlehem's Land Use Code regulates land development as to encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which would result in congestion or blight, per § 102-3 of the Land Use Code;
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(17)
Consistent with New Jersey's Municipal Land Use Law P.L. 1975,
c. 291,[7] the Township of Bethlehem's Land Use Code regulates land development so as to promote the conservation of open space and valuable natural resources, and to prevent urban sprawl and degradation of the environment through improper use of land per § 102-3 of the Land Use Code;
[7]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(18)
Consistent with New Jersey's Municipal Land Use Law P.L. 1975,
c. 291,[8] the Township of Bethlehem's Land Use Code regulates land development so as to promote the conservation of energy through the use of planning practices designed to reduce energy consumption, and to provide for maximum utilization of renewable energy sources per § 102-3 of the Land Use Code;
[8]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(19)
Consistent with New Jersey's Municipal Land Use Law P.L. 1975,
c. 291,[9] the Township of Bethlehem's Land Use Code regulates land development so as to encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land per § 102-3 of the Land Use Code;
[9]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(20)
In order to carry out the purposes of New Jersey's Municipal
Land Use Law and the purposes of the Township's Land Use Code, the
Township Committee finds and determines that the Township's Land Use
Code is required to regulate signage, including designating prohibited
sign types that are inconsistent with one or more of the purposes
of the Land Use Code, and to prescribe the height, size (area), setback,
spacing, location, and number of other sign types that are not inconsistent
with the Land Use Code provided that they conform to appropriate dimensional
and other content-neutral criteria for their placement on land within
the Township, taking into account the nature of the land use and the
function served by the sign type;
(21)
The Township Committee finds and determines that the Township
has allowed noncommercial speech to appear wherever commercial speech
appears; and the Township Committee desires to codify that practice
through the specific inclusion of a substitution clause that expressly
allows noncommercial messages to be substituted for commercial messages;
(22)
The Township Committee finds and determines that aesthetics
is a valid basis for zoning, and the regulation of the size of signs
and the prohibition of certain types of signs can be based upon aesthetic
grounds alone as promoting the general welfare [see United Advertising
Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d 362 (N.J. 1952);
Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade Town v. Gould,
99 So. 2d 236 (Fla. 1957); United Advertising Corp. v. Borough of
Metuchen, 42 N.J. 1, 198 A.2d 447 (N.J. 1964); E.B. Elliott Advertising
Co. v. Metropolitan Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert.
dismissed, 400 U.S. 878 (1970); Westfield Motor Sales Co. v. Town
of Westfield, 129 N.J.Super. 528, 324 A.2d 113 (N.J. Super. Ct. Law
Div. 1974)];
(23)
The Township Committee finds and determines that the size, height,
and other characteristics of signs can magnify their adverse impacts
on both traffic safety and aesthetics;
(24)
The Township Committee finds and determines that this section
will lessen hazardous situations, as well as confusion and visual
clutter otherwise caused by the proliferation, improper placement,
excessive height, excessive size, and distracting characteristics
of signs which compete for the attention of pedestrian and vehicular
traffic;
(25)
The Township Committee finds and determines that this section
will enhance the attractiveness and economic well-being of the Township
as a place to live, visit, and conduct business;
(26)
The Township Committee finds that billboards detract from the
natural and man-made beauty of the Township and have never been allowed
to be placed on or attached to a building or erected independently
for any purpose other than to advertise a permitted business or use
conducted on the same premises unless specifically permitted as a
use within the Township [see, e.g., United Advertising Corp. v. Borough
of Raritan, 11 N.J. 144, 93 A.2d 362 (N.J. 1952); United Advertising
Corp. v. Borough of Metuchen, 42 N.J. 1, 198 A.2d 447 (N.J. 1964)];
(27)
The Township Committee agrees that the aesthetic impact of billboards
is an economic fact and is a relevant zoning consideration, that reasonable
men and women can conclude that the addition of off-premises signs
would disserve the general welfare, and that such a policy question
is appropriately committed to the judgment of a local legislative
body, such as the Township Committee [see United Advertising Corp.
v. Borough of Metuchen, 42 N.J. 1, 198 A.2d 447 (N.J. 1964)];
(28)
The Township Committee agrees with the New Jersey Supreme Court
that a business sign (sometimes referred to as an on-site sign or
on-premises sign) is in actuality a part of the business itself, just
as the structure housing the business is a part of it, and the authority
to conduct the business in a district carries with it a right to maintain
a business sign on the premises subject to reasonable regulations,
but that the placement of outdoor advertising signs, known as commercial
billboards, is made pursuant to the conduct of the business of outdoor
advertising itself. and further agrees with the New Jersey Supreme
Court that it has long been settled that the unique nature of outdoor
advertising and the nuisances fostered by billboards and similar outdoor
structures located by persons in the business of outdoor advertising,
justify the separate classification of such structures for purposes
of governmental regulation and restriction [see United Advertising
Corp. v. Borough of Raritan, 11 N.J. 144, 93 A.2d 362 (N.J. 1952)];
(29)
The Township Committee finds that the preservation of the Township's
scenic beauty promotes tourism by establishing a visual attractiveness
for the Township and promoting its general economic and cultural development
consistent with the Township's interest in beauty;
(30)
The Township Committee agrees with the American Society of Landscape
Architects' determination that billboards tend to deface nearby scenery,
whether natural or built, rural or urban, and that this characteristic
is inconsistent with all of the land use categories and actual land
uses within the Township;
(31)
The Township Committee agrees with the courts that have recognized
that outdoor advertising signs tend to interrupt what would otherwise
be the natural landscape as seen from the highway, whether the view
is untouched or ravished by man, and that it would be unreasonable
and illogical to conclude that an area is too unattractive to justify
aesthetic improvement [see E. B. Elliott Adv. Co. v. Metropolitan
Dade Town, 425 F.2d 1141 (5th Cir. 1970), cert. dismissed, 400 U.S.
878 (1970); John Donnelly & Sons, Inc. v. Outdoor Advertising
Bd., 339 N.E.2d 709, 720 (Mass. 1975)];
(32)
The Township Committee finds that billboards attract the attention
of drivers passing by the billboards, thereby adversely affecting
traffic safety and constituting a public nuisance and a noxious use
of the land on which the billboards are erected;
(33)
The Township Committee recognizes that billboards are a form
of advertisement designed to be seen without the exercise of choice
or volition on the part of the observer, unlike other forms of advertising
that are ordinarily seen as a matter of choice on the part of the
observer [see Packer v. Utah, 285 U.S. 105 (1932); and General Outdoor
Advertising Co. v. Department of Public Works, 289 Mass. 149, 193
N.E. 799 (1935)], and the Township Committee acknowledges that the
United States Supreme Court and many federal courts have accepted
legislative judgments and determinations that the prohibition of billboards
promotes traffic safety and the aesthetics of the surrounding area
[see Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 509-510
(1981); National Advertising Co. v. City & Town of Denver, 912
F.2d 405, 409 (10th Cir. 1990), and Outdoor Systems, Inc. v. City
of Lenexa, 67 F. Supp. 1231, 1239 (D. Kan. 1999)];
(34)
The Township Committee finds and determines that by confirming
in its ordinance that noncommercial messages are allowed wherever
commercial messages are permitted, the Township will continue to overcome
any constitutional objection that its ordinance impermissibly favors
commercial speech over noncommercial speech [see Outdoor Systems,
Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)];
(35)
The Township Committee finds that in order to reconfirm that
its regulations meet constitutional scrutiny, it is appropriate to
amend the ordinance code to emphasize the fact that noncommercial
messages may be placed wherever commercial messages appear, that commercial
speech is not favored over noncommercial speech, and that any on-site
or off-site sign permitted or allowed by law is allowed to contain
noncommercial speech in lieu of any other speech;
(36)
The Township Committee hereby finds and determines that anything
beside the road which tends to distract the driver of a motor vehicle
directly affects traffic safety, and that signs, which divert the
attention of the driver and occupants of motor vehicles from the highway
to objects away from it, may reasonably be found to increase the danger
of accidents, and agrees with the courts that have reached the same
determination [see In re Opinion of the Justices, 103 N.H. 268, 169
A.2d 762 (1961); Newman Signs, Inc. v. Hjelle, 268 N,W.2d 741 (N.D.1978)];
(37)
The Township Committee finds that local governments may separately
classify off-site and on-site advertising signs in taking steps to
minimize visual pollution [see City of Lake Wales v. Lamar Advertising
Association of Lakeland Florida, 414 So.2d 1030, 1032 (Fla. 1982)];
(38)
The Township Committee recognizes that on-site business signs
are considered to be part of the business itself, as distinguished
from off-site outdoor advertising signs, and finds and determines
that it is well-recognized that the unique nature of outdoor advertising
and the nuisances fostered by commercial billboard signs justify the
separate classification of such structures for the purposes of governmental
regulation and restrictions [see, e.g., United Advertising Corp. v.
Borough of Raritan, 11 N.J. 144, 93 A.2d 362, 365 (N.J. 1952), and
E. B. Elliott Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1153
(5th Cir. 1970), cert. denied, 400 U.S. 878, 91 S.C. 12, 27 L. Ed.
2d 35 (1970), quoting United Advertising Corp. v. Borough of Raritan,
93 A.2d 362, 365 (1952)];
(39)
The Township Committee finds and determines that a prohibition
on the erection of off-site outdoor advertising signs will limit the
number of driver distractions and the number of aesthetic eyesores
along the roadways and highways of the Town [see, e.g., E. B. Elliott
Adv. Co. v. Metropolitan Dade Town, 425 F.2d 1141, 1154 (5th Cir.
1970), cert. denied, 400 U.S. 878 (1970)];
(40)
The Township Committee finds and determines that commercial
billboard signs are public nuisances given their adverse impact on
both traffic safety and aesthetics;
(41)
The Township Committee finds and determines that a prohibition on billboard signs and structures is consistent with § 102-30 of the Code of the Township of Bethlehem, inasmuch as no zoning district in the Township permits the business of outdoor advertising as use permitted by right or conditional approval;
(42)
The Township Committee finds and determines that billboards
are a traffic hazard and impair the beauty of the surrounding area,
and the prohibition of the construction of billboards will reduce
these harms [see Outdoor Systems, Inc. v. City of Lenexa, 67 F.Supp.2d
1231, 1239 (D. Kan. 1999)];
(43)
The Township Committee finds and determines that the presence
of billboards along the federal interstate and the federal-aid primary
highway systems, or the state highway systems, may prevent public
property from being used for beautification purposes due to view zones
established by the state, which would be detrimental to the land use
policies of the Township;
(44)
Scenic America, Inc., recommends improvements in the scenic
character of a community's landscape and appearance by prohibiting
the construction of billboards, and by setting height, size and other
standards for on-premises signs [see Scenic America's Seven Principles
for Scenic Conservation, Principle No. 5];
(45)
States such as Vermont, Alaska, Maine, and Hawaii have prohibited
the construction of billboards in their states and are now billboard-free
in an effort to promote aesthetics and scenic beauty;
(46)
The Township Committee finds and determines that in order to
preserve, protect and promote the safety and general welfare of the
residents of the Township, it is necessary to regulate off-site advertising
signs, commonly known as billboard signs or billboards or commercial
billboards, so as to prohibit the construction of billboards in all
zoning districts, and to provide that the foregoing provisions shall
be severable;
(47)
The Township Committee finds and determines that the prohibition
of billboards as set forth herein will preserve the beauty of the
Township, maintain the aesthetic and visual appearance of the Township,
preserve and keep open areas for beautification on public property
adjoining the public roadways, will keep such signage from interfering
with the visibility, readability and/or effectiveness of on-site signs
by reducing and/or diminishing the visual clutter of off-site signs,
will enhance the Township as an attractive place to live and/or work,
reduce blighting influences, and will benefit traffic safety by reducing
driver distractions;
(48)
The Township Committee finds and determines that the following
amendments are consistent with all applicable policies of the Township's
adopted Master Plan;
(49)
The Township Committee finds and determines that portable signs
is not an approved use within the Township or any of its zoning districts;
(50)
The Township Committee finds and determines that the prohibition
of portable signs reasonably advances the governmental goal of protecting
the aesthetic environment of the Township [see Harnish v. Manatee
Town, 783 F.2d 1535 (11th Cir. 1986) and Don's Porta Signs, Inc. v.
City of Clearwater, 298 F.2d 1051 (11th Cir. 1987), cert. denied 485
U.S. 98 (1988)];
(51)
The Township Committee finds and determines that the Township
has consistently adopted and enacted severability provisions in connection
with its ordinance code provisions, and that the Township Committee
wishes to ensure that severability provisions apply to its land development
regulations, including its sign regulations;
(52)
The Township Committee finds and determines that off-site signs,
also known and commonly referred to as "billboards" or "commercial
billboards," are not compatible with adjacent areas and are not an
approved land use within any of the Township's zoning districts;
(53)
The Township Committee finds and determines that the following
amendments are consistent with all applicable policies of the Township's
adopted Comprehensive Plan;
(54)
The Township Committee finds and determines that the following
amendments are not in conflict with the public interest;
(55)
The Township Committee finds and determines that the following
amendments will not result in incompatible land uses;
(56)
Various arguments have been advanced in recent years that the
permitting of signs is subject to prior restraint scrutiny under the
First Amendment;
(57)
The Township Committee finds and determines that the Township's
sign regulations are concerned with the secondary effects of speech,
including but not limited to aesthetics and traffic safety, and are
not intended to regulate viewpoints or censor speech, and for those
and other reasons that the foregoing provisions are not subject to,
or would not fail, a prior restraint analysis;
(58)
The Township Committee recognizes that frivolous challenges
to its provisions regulating signage might be advanced under the pretext
that the Township is unconstitutionally restraining free speech, and
the Township Committee desires to amend and modify the Land Use Code
to ensure that a prior restraint claim cannot be advanced in good
faith against the Township's sign regulations;
(59)
The severability clause in the Code of the Township of Bethlehem, at § 1-10, was adopted with the intent of upholding and sustaining as much of the Township's regulations, including its sign regulations, as possible in the event that any portion thereof (including any section, sentence, clause or phrase) be held invalid or unconstitutional by any court of competent jurisdiction;
(60)
The Township Committee has determined that there have been several
judicial decisions where courts have not given full effect to severability
clauses that applied to sign regulations and where the courts have
expressed uncertainty over whether the legislative body intended that
severability would apply to certain factual situations despite the
presumption that would ordinarily flow from the presence of a severability
clause;
(61)
The Township Committee is aware that the failure of some courts
to uphold severability clauses has led to an increase in litigation
by billboard developers seeking to strike down sign ordinances in
their entirety so as to argue, even when there is no vested right
under state law, that the developers' applications to erect billboards
must be granted;
(62)
The Township Committee desires that there be an ample record
of its intention that the presence of a severability clause in connection
with the Township's sign regulations be applied to the maximum extent
possible, even if less speech would result from a determination that
any exceptions, limitations, variances or other provisions are invalid
or unconstitutional for any reason whatsoever;
(63)
The Township Committee desires that there be an ample record
that it intends that each prohibited sign type continue in effect
regardless of the invalidity or unconstitutionality of any, or even
all other, provisions of the Township's sign regulations, other ordinance
code provisions, or other laws, for any reason(s) whatsoever;
(64)
The Township Committee desires that the prohibition on billboards
continue in effect regardless of the invalidity or unconstitutionality
of any, or even all other, provisions of the Township's sign regulations,
other ordinance code provisions, or other laws, for any reason(s)
whatsoever;
(65)
The Township Committee desires that there be an ample record
that it intends that the height, size (area), spacing, setback and
number limitations on freestanding signs continue in effect regardless
of the invalidity or unconstitutionality of any, or even all other,
provisions of the Township's sign regulations, other ordinance code
provisions, or other laws, for any reason(s) whatsoever;
(66)
The Township Committee is aware that billboard developers seeking
to attack a sign ordinance, either in its entirety or as to some lesser
portion, have often advanced an argument that the billboard developer
has a so-called "vested" right to erect a billboard through the submission
of one or more prior permit applications, so that in the event that
the billboard developer is successful in obtaining a judicial decision
that the entirety or some lesser portion of a sign ordinance or its
permitting provisions are invalid or unconstitutional, the billboard
developer may then seek to compel the local governmental unit to issue
a permit to allow the billboard developers to erect a permanent billboard
structure within the local government's jurisdiction;
(67)
The Township Committee desires to make it clear that billboards
are not a compatible land use within the Township and that there can
be no good faith reliance by any prospective billboard developer under
New Jersey vested rights law in connection with the prospective erection
or construction of new or additional billboards within the jurisdictional
limits of the Township;
(68)
The Township Committee has determined that the purpose and intent
provisions of its signage regulations should be even more detailed
than they are now so as to further describe the beneficial aesthetic
and other effects of the Township's sign regulations, and to reaffirm
that the sign regulations are concerned with the secondary effects
of speech and are not designed to censor speech or regulate the viewpoint
of the speaker;
(69)
The Township Committee has determined the need to revise its
Land Use Code relative to signs;
(70)
The Township Committee wishes to ensure that the Township's
Land Use Code relative to signs is in compliance with all constitutional
and other legal requirements;
(71)
The Township Committee wishes to continue to restrict the height,
size (area), spacing, setback, and number of freestanding signs, other
than traffic control device signs as identified or described in the
Manual on Uniform Traffic Control Devices;
(72)
The Township Committee wishes to continue to assure that new billboards are effectively prohibited as a sign type within the Township, consistent with § 102-5 of the Land Use Code;
(73)
The Township Committee finds and determines that a prohibition
on billboards accomplishes each of the following goals:
(c)
Promotes a desirable visual environment through creative development techniques and good civic design and arrangements per § 102-3 of the Land Use Code;
(d)
Encourages the design of transportation routes in such a way as to encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which would result in congestion or blight, per § 102-3 of the Land Use Code;
(e)
Complements as well as promotes the conservation of open space, per § 102-3 of the Land Use Code;
(74)
The Township Committee wishes to assure that animated signs
and flashing signs are effectively prohibited as sign types within
the Township, and finds and determines that this prohibition furthers
the purposes set forth in the Township of Bethlehem's Land Use Code;
(76)
The Township Committee wishes to continue to assure that animated, flashing and illusionary signs are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(77)
The Township Committee wishes to continue to assure that flashing signs in a form resembling an emergency light are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(85)
The Township Committee wishes to assure that signs that emit smoke, visible vapor or particles, sound or odor, are effectively prohibited as a sign type within the Township, and finds and determines that this prohibition furthers the purposes set forth in §§ 102-5 and 102-30 of the Township of Bethlehem's Land Use Code;
(86)
Each of the Township's five commercial zoning districts, including
the Neighborhood Commercial (NC), Highway Commercial (HC), General
Commercial (GC), Research, Office and Manufacturing (ROM) and Manufacturing
(MFG) provide that "signage shall be minimized to preserve and protect
the rural and agricultural environment of the Township as well as
its scenic vistas," and the Township Committee finds and determines
that the prohibition on billboards, animated signs, portable signs,
snipe signs, wind-activated signs, flashing signs, revolving signs,
rotating signs, and oscillating signs, as well as the dimensional
and other content-neutral criteria for permissible freestanding signs
are necessary to preserve and protect the rural and agricultural environment
of the Township, as well as its scenic vistas, in the aforementioned
districts;
(87)
The Township Committee finds and determines that Bethlehem Township
is a rural community with a population per square mile of only 3,993
persons;
(88)
The Township Committee finds and determines that Bethlehem Township
has a predominant rural and historic character, including sites that
are on or are eligible for the New Jersey and National Historic Registers;
(89)
The Township Committee finds and determines that the rural quality
of the Township is exceptional with hills, valleys and mountains,
which is enhanced by the views of the Spruce Run Reservoir and its
preserved parkland;
(90)
Allowing exemptions or exceptions for certain signage based
upon the function served by the sign (e.g., warning signs, directional
signs, real estate signs, and other sign types described herein),
is preferred to requiring permits for all such signs or, alternatively,
banning all such signs;
(91)
The Township Committee finds and determines that the dimensional
criteria, including but not limited to size (area) and height, established
for certain signs and sign types as set forth in the Land Use Code
are not based upon any arbitrary determination but are based upon
the function served by the sign and sign type involved, and serve
a legitimate governmental interest of balancing aesthetics and safety
with the need for signage that serves a necessary purpose;
(92)
Under current jurisprudence [see, e.g., Linmark Associates v.
Town of Willingboro, 431 U.S. 85 (1977)], on-site real estate signs,
such as "for sale" signs, should be allowed given the important role
and unique function that real estate signs, such as "for sale" signs,
perform on the premises where they are located;
(93)
Under current jurisprudence [see, e.g., Ladue v. Gilleo, 512
U.S. 43 (1994)], signs that allow property owners, especially residential
homeowners, to freely express a particular point of view on their
own property should be reasonably accommodated and may be uniquely
valuable, and the Township Committee wishes to codify current practices
that has allowed residential property owners to freely express their
point of view on their own property consistent with current jurisprudence
set forth in Ladue v. Gilleo, 512 U.S. 43 (1994) [see also, e.g.,
State v. Miller, 162 N.J.Super. 333, 392 A.2d 122 (1978), aff'd, 83
N.J. 402, 416 A.2d 821 (1980); Berg Agency v. Township of Maplewood,
163 N.J.Super. 542, 395 A.2d 261 (Super. Ct. Law Div. 1978)];
(94)
Under current jurisprudence, election signs are generally accorded
a higher level of protection under the First Amendment than any other
classification or type of speech;
(95)
Durational limitations on election signs, sometimes referred
to as political signs, are frequently problematic when the limitations
affect the posting of election signs prior to the election concerning
the candidate or ballot issue to which they pertain, but durational
limits requiring the removal of election signs following such election
are generally permissible [see, e.g., Election Signs and Time Limits,
Evolving Voices in Land Use Law, 3 Wash. U.J.L. & Pol'y 379 (2000);
McCormack v. Township of Clinton, 872 F.Supp. 1320 (D.N.J. 1994)];
(96)
The Township Committee wishes to continue its current practice
of:
(a)
No longer requiring either permit fees or permits for the display
of temporary political signs before an election; and
(b)
Not requiring any durational limitation on the placement of
temporary political signs prior to an election and only requiring
removal of temporary political signs after the conclusion of an election;
(97)
Free expression signs are sufficient to allow for political
speech unrelated to particular candidates or ballot issues;
(98)
The Township Committee intends to expressly provide that property
owners may display at least one sign for free expression at all times,
a codification of longstanding actual practice, and to expressly provide
that property owners may maintain signs displaying their support or
opposition to political candidates and ballot issues before the election
to which they pertain;
(99)
The exceptions and/or exemptions for real estate signs, free
expression signs, political signs, and certain other sign types are
not intended to diminish or lessen the Township's interests in aesthetics
or traffic safety, but the same are adopted in recognition of the
useful functions and practical needs served by such signage in the
Township's commerce and/or in the political freedom that must be accorded
its citizens to freely express their points of view and political
desires;
(100)
The Township Committee recognizes that under current jurisprudence
its sign regulations may be under-inclusive in their reach to serve
the Township's interests in aesthetics and traffic safety, while at
the same time balancing the interests protected by the First Amendment
[see, e.g., Members of City Council v. Taxpayers for Vincent, 466
U.S. 789 (1984); Cordes, Sign Regulation After Ladue: Examining the
Evolving Limits of First Amendment Protection, 74 Neb.L.Rev. 36 (1995)],
and the Township Committee may from time to time modify the sign regulations
herein so as to provide additional limitations to further serve the
Township's interests in aesthetics and/or traffic safety;
(101)
In the context of the Municipal Land Use Law, the Township Committee
agrees that considerations of aesthetics and economics are intimately
related in the context of conserving property values, and further
agrees that an inability to prohibit off-site commercial billboards
for the purpose of protecting and preserving the beauty of the environment
would be "to succumb to a bleak materialism" [State v. Miller, 83
N.J. 402, 416 A.2d 821, 825 (1980), quoting Metromedia, Inc. v. City
of San Diego, 592 P.2d 728, 735, 154 Cal.Rptr. 212, 219 (1979)];
(102)
The limitations on the height, size (area), number, location,
spacing, and setback of signage, adopted herein, is based upon the
sign types and sign functions (e.g., a temporary "garage/yard sale"
sign requires less sign area than a temporary "grand opening sign"),
and the Township Committee finds and determines that the dimensional
criteria specified in the sign regulations for different sign types
are adequate and do not impair the free flow of protected speech;
(103)
The sign types described herein are related in other ways to
the functions they serve and the properties to which they relate (e.g.,
temporary subdivision entrance signs are allowed at subdivision entrances,
real estate signs are directly related to the property on which they
are posted or, in the case of directional signs, are limited to a
certain distance from the property to which they relate [see Bond,
Making Sense of Billboard Law: Justifying Prohibitions and Exemptions,
88 Mich.L.Rev. 2482 (1980)]), and exceptions to temporary political
signs, "for sale" signs, and the like are founded upon rational and
reasonable bases clearly justifying the difference of treatment [see
State v. J & J Painting, 167 N.J.Super. 384, 400 A.2d 1204 (Super.
Ct. App. Div. 1979)] ;
(104)
Limitations on various types of signs are also related to the
zoning districts for the properties on which they are located;
(105)
The Township Committee's predominant concern in establishing
sign regulations for the development and use of land is with adverse
secondary effects, and not with the content of speech;
(106)
The Township of Bethlehem finds and determines that through its sign regulations, the Township does not seek to prohibit constitutionally protected rights to assemble and protest in a traditional public forum and desires to specifically exempt from the scope of § 102-30, Signs, the display of temporary signage in a judicially recognized traditional public forum for a noncommercial purpose and that are reactive to a local happening or that express a view on a controversial issue [see State v. DeAngelo, 197 N.J. 478, 963 A.2d 1200 (N.J. 2009)];
(107)
Various signs that serve and function as signage for particular
land uses, in recognition of the differing or special functions served
by those land uses, but not based upon any intent to favor any particular
viewpoint or control the subject matter of public discourse; and
(108)
The Township Committee finds that the sign regulations adopted
hereby still allow and leave open adequate alternative means of communications,
such as newspaper advertising, Internet advertising and communications,
advertising in shoppers and pamphlets, advertising in telephone books,
advertising on cable television, advertising on UHF and/or VHF television,
advertising on AM and/or FM radio, advertising on satellite radio,
advertising on Internet radio, advertising via direct mail, and other
avenues of communication available in the Township of Bethlehem [see
State v. J & J Painting, 167 N.J.Super. 384, 400 A.2d 1204, 1205
(Super. Ct. App. Div. 1979)];
C.
Purpose, intent and scope. It is the purpose of this
section to promote the public health, safety and general welfare through
reasonable, consistent and nondiscriminatory sign standards. The sign
regulations in this section are not intended to censor speech or to
regulate viewpoints, but instead are intended to regulate the secondary
effects of speech and especially insofar as those secondary effects
may adversely affect aesthetics and traffic and pedestrian safety.
In order to preserve and enhance the Township as a desirable community
in which to live and do business, a pleasing, visually attractive
environment is of foremost importance. The regulation of signs within
the Township is a highly contributive means by which to achieve this
desired end. These sign regulations have been prepared with the intent
of enhancing the visual environment of the Township and promoting
its continued well-being, and are intended to:
(1)
Encourage the effective use of signs as a means of
communications in the Township;
(2)
Maintain and enhance the aesthetic environment and
the Township's ability to attract sources of economic development
and growth;
(3)
Improve pedestrian and traffic safety;
(4)
Minimize the possible adverse affect of signs on nearby
public and private property;
(5)
Foster the integration of signage with architectural
and landscape designs;
(6)
Lessen the visual clutter that may otherwise be caused
by the proliferation, improper placement, illumination, animation,
excessive height, and excessive size (area) of signs which compete
for the attention of pedestrian and vehicular traffic;
(7)
Allow signs that are compatible with their surroundings
and aid orientation, while precluding the placement of signs that
contribute to sign clutter or that conceal or obstruct adjacent land
uses or signs;
(8)
Encourage and allow signs that are appropriate to
the zoning district in which they are located and consistent with
the category of use and function to which they pertain;
(9)
Curtail the size and number of signs and sign messages
to the minimum reasonably necessary to identify a residential or business
location and the nature of any such business;
(10)
Establish sign size in relationship to the scale
of the lot and building on which the sign is to be placed or to which
it pertains;
(11)
Categorize signs based upon the function that
they serve and tailor the regulation of signs based upon their function;
(12)
Preclude signs from conflicting with the principal
permitted use of the site and adjoining sites;
(13)
Regulate signs in a manner so as to not interfere
with, obstruct the vision of or distract motorists, bicyclists or
pedestrians;
(14)
Except to the extent expressly preempted by
state or federal law, ensure that signs are constructed, installed
and maintained is a safe and satisfactory manner, and protect the
public from unsafe signs;
(15)
Preserve, conserve, protect, and enhance the
aesthetic quality and scenic beauty of all districts of the Township;
(16)
Allow for traffic control devices consistent
with national standards and whose purpose is to promote highway safety
and efficiency by providing for the orderly movement of road users
on streets and highways, and that notify road users of regulations
and provide warning and guidance needed for the safe, uniform and
efficient operation of all elements of the traffic stream;
(17)
Protect property values by precluding, to the
maximum extent possible, sign-types that create a nuisance to the
occupancy or use of other properties as a result of their size, height,
illumination, brightness, or movement;
(18)
Protect property values by ensuring that sign-types,
as well as the number of signs, are in harmony with buildings, neighborhoods,
and conforming signs in the area;
(19)
Regulate the appearance and design of signs
in a manner that promotes and enhances the beautification of the Township
and that complements the natural surroundings in recognition of this
Township's reliance on its natural surroundings and beautification
efforts in retaining economic advantage for the community;
(20)
Preserve and enhance the rural and historic
character of the Township; and
(21)
Enable the fair and consistent enforcement of
these sign regulations.
D.
ABANDONED OR DISCONTINUED SIGN OR SIGN STRUCTURE
ADVERTISING
AGRICULTURAL SIGN
ANIMATED SIGN
ARTWORK
ATTACHED SIGN
BANDIT SIGN
BANNER
BEACON
BILLBOARD
BUILDING FRONTAGE
CANOPY SIGN
COMMERCIAL MESSAGE
CONSTRUCTION SIGN
COPY
DOUBLE-FACED SIGN
ELECTION SIGN
ERECT
FACADE
FLAG
FLAGPOLE
FLASHING SIGN
FREE EXPRESSION SIGN
FREESTANDING MONUMENT SIGN
FREESTANDING POLE SIGN
FREESTANDING SIGN
FRONTAGE
FUTURE DEVELOPMENT SIGN
GARAGE OR YARD SALE SIGN (GARAGE-YARD SALE SIGN)
GROUND LEVEL
HEIGHT
HOLIDAY AND SEASONAL DECORATIONS
ILLEGAL SIGN
ILLUMINATED SIGN
INCIDENTAL SIGN
INTERMITTENT SIGN
LOT
MAINTENANCE
MARQUEE
MARQUEE SIGN
MENU DISPLAY SIGN
NAMEPLATE SIGN or OCCUPANT IDENTIFICATION SIGN
NONCOMMERCIAL MESSAGE
NONCOMMERCIAL ON-SITE DIRECTIONAL SIGN
NONCONFORMING SIGN
OFF-PREMISES SIGN or OFF-SITE SIGN
ON-PREMISES SIGN or ON-SITE SIGN
ORNAMENTAL FLAG
PARAPET
PARCEL
PENNANT
PERMANENT SIGN
PORTABLE SIGN
PREMISES
PRINCIPAL USE
PROJECTING SIGN
REAL ESTATE SIGN
REVOLVING SIGN or ROTATING SIGN
ROOFLINE
ROOF SIGN
SAFETY SIGN
SANDWICH BOARD SIGN
SIGHT VISIBILITY TRIANGLE
SIGN
SIGN AREA
SIGN FACE
SIGN STRUCTURE
SNIPE SIGN (BANDIT SIGN)
SPECIAL EVENT SIGN
STATUTORY SIGN
STREET ADDRESS SIGN
SUBDIVISION MONUMENT IDENTIFICATION SIGN
SUBSTANTIALLY DAMAGED OR DESTROYED
(1)
(2)
TEMPORARY SIGN
TIME AND TEMPERATURE SIGN
TOWNSHIP
TRAFFIC CONTROL DEVICE SIGN
VEHICLE SIGN
VISIBILITY TRIANGLE
WALL SIGN
WARNING SIGN or SAFETY SIGN
WINDOW SIGN
WIND SIGN
Definitions. All words used in this section shall
carry their customary dictionary meanings, except that the following
words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
A sign or sign structure is considered abandoned or discontinued
when its owner fails to operate or maintain a sign for a period of
six months or longer. The following conditions shall be considered
as the failure to operate or maintain a sign:
Sign copy intended to aid, directly or indirectly, in the
sale, use or promotion of a product, commodity; service, activity,
entertainment, or real or personal property.
A sign in an Agricultural Residential (AR), Mountain Residential
(MR), Single-Family Residential (R-1 1/2) District with a permitted
agricultural use and whose function is exclusively for advertising
for the normal, incidental and customary sale of products, produce
or livestock raised on the premises.
A sign which includes action, motion, or color changes, or
the optical illusion of action, motion, or color changes, including
signs set in motion by movement of the atmosphere, or made up of a
series of sections that turn.
A two- or three-dimensional representation of a creative
idea that is expressed in a form and manner as to provide aesthetic
enjoyment for the viewer rather than to specifically convey the name
of the business or a commercial message about the products or services
offered on the property upon which the artwork is displayed.
A wall sign, a marquee sign, a window sign, but not a canopy
sign.
See "snipe sign."
Any sign or string of one or more signs, usually made of
cloth or other lightweight material, which is used to attract attention,
whether or not imprinted with words or characters, including but not
limited to balloons and pennants. Flags shall not be considered banners.
A stationary or revolving light which flashes or projects
illumination, single color or multicolored, in any manner which has
the effect of attracting or diverting attention, except, however,
this term does not include any kind of lighting device which is required
or necessary under the safety regulations of the Federal Aviation
Administration or other similar agency. This definition does apply
to any similar type of lighting device contained entirely within a
structure and which does not project light to the exterior of the
structure.
A sign structure and/or sign utilized for advertising an
establishment, an activity, a product, service or entertainment which
is sold, produced, manufactured, available or furnished at a place
other than on the property on which said sign structure and/or sign
is located.
The length of the single face of a building or that portion
of a building occupied by a single office, business or enterprise,
commonly referred to as "storefront," which is abutting a street,
parking area, or other means of customer access such as an arcade,
a mall or a walkway. The building frontage for a side facade shall
be the length of the single face of a side of building or that portion
of a side of a building occupied by a single office, business or enterprise.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
Any sign wording, logo, or other representation or image
that directly or indirectly names, advertises, or calls attention
to a product, service, sale or sales event or other commercial activity.
A temporary on-premises sign identifying the ongoing construction
activity during the time that a building permit is active and prior
to completion of the work for which the permit was issued, containing
sign copy that is limited to the ongoing construction activity and
identifying the contractor and/or any subcontractor engaged to perform
construction activity on the site.
The linguistic or graphic content of a sign.
A single sign with items of information on both sides of
the sign and mounted as a single structure.
A temporary sign erected or displayed for the purpose of
expressing support for or opposition to a candidate or stating a position
regarding an issue upon which the voters of the Township shall vote.
To construct, build, raise, assemble, place, affix, attach,
create, paint, draw, or in any other way bring into being or establish;
but it does not include any of the foregoing activities when performed
as an incident to the change of advertising message or customary maintenance
or repair of a sign.
The side of a building, either front or side; and a building
facade may be less than the entire side of a building if limited to
the occupancy of a portion of a building.
Any fabric or bunting containing distinct colors, patterns
or symbols, used as an ornamental flag or as a symbol of government,
political subdivision, corporation or business or other entity. (See
also "ornamental flag".)
A pole on which to raise a flag.
A sign which permits light to be turned on or off intermittently
more frequently than once per minute or any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including a LED (light
emitting diode) or digital sign and changes more frequently than once
per minute.
A sign, not in excess of three square feet in size (area)
per side and the top of the sign is not more than six feet off the
ground, communicating information or views on matters of public policy
concern or containing any other noncommercial message, that is otherwise
lawful.
A freestanding sign whose ratio of width of sign to width
of support is less than three to one.
A freestanding sign whose ratio of width of sign to width
of support is equal to or greater than three to one.
A sign supported by structures or supports that are placed
on or anchored in the ground or at ground level and which are independent
of any building or other structure. Unless otherwise limited or restricted,
a freestanding sign may be either a freestanding monument sign or
a freestanding pole sign.
The length of the property line of a parcel of land which
runs parallel with and along a road right-of-way or street, exclusive
of alleyways.
A sign that functions to advertise the future or proposed
development of the premises upon which the sign is erected.
Any on-site temporary sign pertaining to the sale of personal
property in, at or upon any residentially zoned property located in
the Township. Garage or yard sales shall include but not be limited
to all such sales, and shall include the advertising of the holding
of any such sale, or the offering to make any sale, whether made under
any name such as garage sale, lawn sale, yard sale, front yard sale,
backyard sale, home sale, attic sale, rummage sale, patio sale, flea
market sale, or any similar designation.
The finished grade of a parcel of land exclusive of any filling,
berming or mounding.
Vertical distance measured from ground level nearest the
base of the sign to the highest point on the sign.
Decorations that pertain to legal or other recognized holidays
or to a season of the year.
Any sign which has been determined to be in violation of any provision of this § 102-30.
Any sign or portion thereof which is illuminated by artificial
light, either from an interior or exterior source, including outline,
reflective or phosphorescent light, whether or not the source of light
is directly affixed as part of the sign.
A sign not exceeding one square foot in size attached to
a freestanding sign or affixed to a wall, that either:
A sign which permits light to be turned on or off intermittently
more frequently than once every 12 hours or which is operated in a
way whereby light is turned on or off intermittently more frequently
than once every 12 hours, including any illuminated sign on which
such illumination is not kept stationary or constant in intensity
and color at all times when such sign is in use, including a LED (light
emitting diode) or digital sign, and which varies in intensity or
color more frequently than once every 12 hours.
See definition of "parcel."
The replacing, repairing or repainting of a portion of sign
structure, periodically changing changeable copy or renewing copy
which has been made unusable by ordinary wear.
Any permanent, roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Any sign attached to a marquee.
A fully enclosed or otherwise protected from the elements
sign structure, including but not limited to a box, shadow box or
cabinet, attached to a wall or freestanding, which is used solely
for the purpose of displaying restaurant menus or announcements of
activities within the establishment for which the menu or announcement
is displayed. A menu display may be used for transient lodging facilities
which have restaurant facilities open to the general public in addition
to the registered guests. Menu display sign structures shall be limited
to one per establishment, having a maximum surface area of 12 square
feet in the zoning districts in which they are permitted.
A sign indicating the name and/or profession or address of
a person or persons residing on the premises or legally occupying
the premises.
Any message which is not a commercial message.
An on-site sign providing direction or information to pedestrian
or vehicular traffic that is related or reasonably necessary to the
movement of pedestrian or vehicular traffic on the premises, and not
displaying a commercial message, e.g., "entrance," "exit," "caution,"
"no parking," "one way only," "no trespassing," and the like.
A sign which does not conform to the regulations provided in this § 102-30.
Any sign relating in its subject matter to commodities, accommodations,
services or activities on a premises other than the premises on which
the sign is located.
Any sign relating in its subject matter to the commodities,
accommodations, service or activities on the premises on which it
is located.
Any fabric or similar material containing patterns, drawings
or symbols used for decorative purposes and designed to be flown as
a flag.
A false front or wall extension above the roofline of a building.
Land which has been or which is proposed to be used, developed,
or built upon as a unit under single ownership.
Any series of small flag-like or streamer-like pieces of
cloth, plastic, paper or similar material attached in a row to any
staff, cord, building, or at only one or two edges, the remainder
hanging loosely.
Any sign which, when installed, is intended for permanent
use. For the purposes of this section, any sign with an intended use
in excess of 12 months from the date of installation shall be deemed
a permanent sign.
Any sign, banner, or poster that is not permanently attached
to the ground or structure. For purposes of this section, a cold-air
inflatable sign shall be considered to be a portable sign.
Any property owned, leased or controlled by the person actively
engaged in business at that location.
The use which constitutes the primary activity, function
or purpose to which a parcel of land or a building is put.
Any sign affixed perpendicularly to a building or wall in
such a manner that its leading edge extends more than 10 inches beyond
the surface of such building or wall.
A sign advertising the sale, rental or lease of the premises
or part of the premises on which the sign is displayed temporarily.
Any sign that revolves or rotates.
The highest continuous horizontal line of a roof. On a sloping
roof, the roofline is the principal ridgeline or the highest line
common to one or more principal slopes of roof. On a flat roof, the
roofline is the highest continuous line of a roof or parapet, whichever
is higher.
Any sign erected and constructed wholly on or over the roof
of a building which is supported by the roof structure or any sign
that extends in whole or in part above the roofline of a building.
See "warning sign."
A temporary portable double-faced, freestanding sign.
A triangular shaped portion of land established at street
intersections or street and driveway intersections in which nothing
is erected or allowed to grow in such a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
For street intersections, this triangle is measured 30 feet in length
from the intersection along the abutting right-of-way lines to form
a triangle, although these distances may vary based on the type of
intersecting road; and for driveway intersections, this triangle is
measured 10 feet from the intersection along the right-of-way line
and along the driveway line to form a triangle.
Any device, fixture, placard or structure which uses color,
form, graphics, illumination, architectural style or design with text
or writing to advertise, attract attention, announce the purpose of
or identify the purpose of any person or entity or to communicate
information of any kind to the public. The term "sign" includes sign
structure. The following shall not be considered signs subject to
the regulations of this section: artwork, holiday or seasonal decorations,
cemetery markers, machinery or equipment signs, memorial signs or
tablets.
The total square foot area of sign surface, including all
parts thereof devoted to the background, computed by bounding the
exterior of the sign structure or surface with a series of straight
or curved lines tangent thereto. The area of a sign painted directly
on a wall or awning and signs with letters attached directly to walls
or awnings shall be calculated by constructing an imaginary series
of straight lines or lines formed, bounded or characterized by curves
around the outside of all elements of the sign.
The part of the sign that is or can be used to identify,
display, advertise, communicate information, or for the visual representation
which attracts or intends to attract the attention of the public for
any purpose.
Any structure which is designed specifically for the purpose
of supporting a sign which has supports or which is capable of supporting
a sign. The definition shall include any decorative covers, braces,
wires, supports, or other components attached to or placed around
the sign structure.
Any sign tacked, nailed, posted, pasted, glued or otherwise
attached to trees, rocks, or other natural features, or poles, stakes,
or fences with the message appearing thereon not applicable to the
present use of the premises upon which the sign is located.
A content-neutral sign providing notice of or direction to
an event, gathering, assembly or meeting that is open to the public
at large.
A sign required by any statute or regulation of the State
of New Jersey or the United States.
Any sign denoting the street address of the premises on which
it is attached or located.
A monument sign which contains only the name of a platted
subdivision or other residential development. A subdivision monument
identification sign at a platted subdivision or neighborhood entrance
shall not be considered a billboard.
As it pertains to a nonconforming sign, means that:
Fifty percent or more of the upright supports
of a sign structure are physically damaged such that normal repair
practices of the sign industry would call for, in the case of wooden
structures, replacement of the broken supports and, in the case of
a metal sign structure, replacement of at least 25% of the length
above ground of each broken, bent, or twisted support; or
That more than 50% of a wall or attached sign
is physically damaged such that normal repair practices of the sign
industry would call for the same to be replaced or repaired.
A sign intended for a use not permanent in nature. For the
purposes of this section, a sign with an intended use of one year
or less shall be deemed a temporary sign.
A sign which functions only to display the current time and
temperature at intervals no more frequently than once per minute and
which contains no other messages. Time and temperature signs are regulated
within the zoning districts in which they are expressly allowed.
The Township Committee of the Township of Bethlehem, Hunterdon
County, New Jersey.
Any sign located within the right-of-way that functions as
a traffic control device and that is described and identified in the
Manual on Uniform Traffic Control Devices (MUTCD) and approved by
the Federal Highway Administrator as the national standard. A traffic
control device sign includes those signs that are classified and defined
by their function as regulatory signs (that give notice of traffic
laws or regulations), warning signs (that give notice of a situation
that might not readily be apparent), and guide signs (that show route
designations, directions, distances, services, points of interest,
and other geographical, recreational, or cultural information).
Any sign or signs where the total sign area covers more than
10 square feet of the vehicle.
See "sight visibility triangle."
A sign which is painted on, fastened to, or erected against
the wall of a building with its face in a parallel plane with the
plane of the building facade or wall, which is used for advertising.
A sign that functions to provide a warning of a dangerous
condition or situation that might not be readily apparent or that
poses a threat of serious injury (e.g., gas line, high voltage, condemned
building, etc.) or that functions to provide a warning of a violation
of law (e.g., no trespassing, no hunting allowed, etc.).
Any sign mounted in any fashion on the interior or exterior
of the surface of a window.
A sign which uses objects or material fastened in such a
manner as to move upon being subjected to pressure by wind, and shall
include banners, pennants, ribbons, spinners, streamers or captive
balloons; however, the term "wind sign" shall not include flags.
E.
(Reserved)
F.
Prohibited signs. The following signs and sign-types are prohibited within the Township and shall not be erected. Any lawfully existing permanent sign and sign-type which is among the prohibited signs and sign-types listed below shall be deemed a nonconforming sign subject to the provisions of § 102-30F.
(1)
Billboards.
(2)
Revolving signs.
(3)
Flashing signs.
(4)
Animated signs.
(5)
Wind signs.
(6)
Portable signs.
(7)
Roof signs.
(8)
Abandoned and discontinued signs.
(9)
Snipe signs; bandit signs.
(10)
Projecting signs, except as expressly allowed.
(11)
Bus bench advertising signs; bus shelter advertising
signs.
(12)
Signs that emit smoke, visible vapor or smoke,
sound, odor, or visible particles or gaseous matter.
(13)
Signs that have unshielded illuminating devices.
(14)
Signs that obstruct, conceal, hide or otherwise
obscure from view any official traffic or governmental sign, signal
or device.
(15)
Any attached sign, including a wall sign, that
exceeds 30 square feet in sign area.
(16)
Any freestanding sign that is higher than 20
feet.
(17)
Any sign within a sight visibility triangle
that obstructs a clear view of pedestrian or vehicular traffic.
(18)
Any sign in the public right-of-way, other than
traffic control device signs, warning signs or safety signs.
(19)
Any sign other than a traffic control device
sign that uses the word "stop" or "danger," or presents or implies
the need or requirement of stopping or the existence of danger, or
which is a copy or imitation of official traffic control device signs,
and which is adjacent to the right-of-way of any road, street, or
highway.
(20)
Any sign nailed, fastened or affixed to any
tree.
(21)
Any sign prohibited by state or federal law.
(22)
Vehicle sign or signs which have a total sign
area on any vehicle in excess of 10 square feet, when the vehicle
is not regularly used in the conduct of the business or activity advertised
on the vehicle, and is visible from a street right-of-way within 100
feet of the vehicle, and is parked for more than two consecutive hours
within 100 feet of any street right-of-way. A vehicle shall not be
considered regularly used in the conduct of the business or activity
if the vehicle is used primarily for advertising, or for the purpose
of advertising, or for the purpose of providing transportation for
owners or employees of the business or activity advertised on the
vehicle.
(23)
Any sign located on real property without the
permission of the property owner.
(24)
Beacons, except as required by federal or state
law.
(25)
Intermittent signs, except time and temperature
signs as expressly permitted herein.
(26)
Sandwich board signs.
(27)
Signs that have animated flashing and illusionary
signs.
(28)
Information or direction signs that exceed two
square feet in sign area.
G.
Nonconforming signs. A nonconforming sign that was
lawfully erected may continue to be maintained until the nonconforming
sign is substantially damaged or destroyed. At such time that the
nonconforming sign is substantially damaged or destroyed, the nonconforming
sign must either be removed or be brought into conformity with this
section and with any other applicable law or regulation.
H.
Exemptions. This section does not pertain to the following:
(1)
A sign, other than a window sign, located entirely
inside the premises of a building or enclosed space.
(2)
A sign on a car, other than a prohibited vehicle sign
or signs.
(3)
A statutory sign.
(4)
A traffic control device sign.
(5)
Any sign not visible from a public street, sidewalk
or right-of-way; except that the foregoing does not exempt a sign
for a commercial use that is visible from an abutting residential
use.
I.
Building permits. It shall be unlawful for any person
or business or the person in charge of the business to erect, construct,
or alter a permanent sign structure whose construction is subject
to the New Jersey Uniform Construction Code, without first obtaining
such building permit from the Township as may be required by the New
Jersey Uniform Construction Code. Permit fees, if any, shall be paid
in accordance with the applicable fee schedules. The requirement of
a building permit under the New Jersey Uniform Construction Code is
separate and independent of the requirement for a sign permit under
this section.
J.
Shielding of illumination. Illuminated signs, in addition
to conforming to all other requirements of this section, shall be
shielded in such a manner so that no direct source of light is cast
into residential properties or into a public street or right-of-way.
Illuminated signs shall not interfere with pedestrian or motorist
vision. The illumination shall not be reflective or phosphorescent
and shall perform in a steady nonfluctuating or nonundulating manner
and shall be placed in a manner that will not create a nuisance to
other premises or interfere with vehicular movements.
K.
Substitution of noncommercial speech for commercial
speech. Notwithstanding anything contained in this section or the
Code to the contrary, any sign erected pursuant to the provisions
of this section or the Code with a commercial message may, at the
option of the owner, contain a noncommercial message unrelated to
the business located on the premises where the sign is erected. The
noncommercial message may occupy the entire sign face or any portion
thereof. The sign face may be changed from commercial to noncommercial
messages, or from one noncommercial message to another, as frequently
as desired by the owner of the sign, provided that the sign is not
a prohibited sign or sign-type and provided that the size, height,
setback and other dimensional criteria contained in this section and
Code have been satisfied.
L.
Content neutrality as to sign message (viewpoint).
Notwithstanding anything in this section or the Code to the contrary,
no sign or sign structure shall be subject to any limitation based
upon the content (viewpoint) of the message contained on such sign
or displayed on such sign structure.
M.
Permit required.
(1)
Allowed temporary and allowed permanent signs of the type described in Subsection Z shall be exempt from sign permitting hereunder.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(2)
No sign permit shall be issued for the erection of
a prohibited sign.
(3)
Unless exempt from permitting, no permanent sign shall
be erected, altered, relocated, maintained or displayed until a sign
permit is obtained from and appropriate fee, if any, paid to the Township.
(4)
A sign lawfully erected under permit may be repainted
or have ordinary and customary repairs performed, including replacement
of plastic or glass panels, without a new sign permit; however, if
such sign is to be structurally altered in any manner, a new sign
permit shall be required and the altered sign must meet all requirements
of this section and this Code.
N.
Sign permit application and issuance of sign permit.
(1)
A sign permit application for a permanent sign shall
be made upon a form provided by the Township. The sign permit application
is in addition to any building permit application required by the
New Jersey Uniform Construction Code. The sign permit application
shall be accompanied by plans and specifications drawn to scale, together
with any site plan required by this section or the Code. The applicant
shall furnish the following information on or with the sign permit
application form:
(a)
The legal description of the real property where
the sign is proposed to be located.
(b)
The zoning district for the real property on
which the sign will be located.
(c)
The name, mailing address and telephone number
(where available) of the owner(s) of the real property where the sign
is proposed to be located.
(d)
A notarized statement of authorization signed
by the owner(s) consenting to the placement of the proposed sign on
the real property.
(e)
The name, mailing address and telephone number
of the sign contractor.
(f)
Type of proposed sign (e.g., wall sign or freestanding
sign).
(g)
The square footage of the surface area of the
proposed sign.
(h)
The value of the proposed sign.
(i)
If the proposed sign is a freestanding sign:
[1]
The height of the proposed freestanding sign.
[2]
The size (sign area) of the freestanding sign
and the dimensions utilized to calculate the size.
[3]
The minimum spacing distance calculated by multiplying
the greatest dimension of the proposed freestanding sign by a factor
of 20.
[4]
The distance of the closest freestanding sign
to the proposed freestanding sign.
[5]
Whether there is an existing freestanding sign
on the same lot where the proposed freestanding sign will be located.
[6]
The front and side yard setbacks for the proposed
sign.
(j)
If the proposed sign is an attached sign, the
building frontage for the building to which the attached sign shall
be affixed.
(k)
The number, type, location, and surface area
for all existing signs on the same lot and/or building on which the
sign will be located.
(l)
Whether the proposed sign will be an illuminated
or nonilluminated sign.
(2)
An applicant shall deliver a sign permit application
for a permanent sign to the Township's Zoning Officer or his or her
designee, or such other person as may be designated by the Township.
The sign permit application shall be reviewed for a determination
of whether the proposed sign meets the applicable requirements of
this section and any applicable zoning law. The review of the sign
permit application shall be completed within 10 calendar days, and
the application shall be granted or denied within that time frame.
In the event that no decision is rendered within 10 calendar days
following submission, the application shall be deemed denied and the
applicant may appeal to the Board of Adjustment. Any appeal shall
be heard and a decision rendered within the time frames specified
in this section or otherwise set forth or provided for appeals.
O.
Fees.
(1)
Sign permit fees. Every person making an initial application
for a sign permit shall pay any required sign permit fee, if any,
to the Township at the time of the application. The permit fee, if
any, shall be established by resolution of the Township and shall
be as stated in an appendix to this section.[10]
[10]
Editor's Note: Ordinance No. 255-51-2008,
adopted 11-6-2008, provided that the applicant shall furnish the Zoning
Officer a sign permit fee of $30.
(2)
Building permit fees distinguished. The sign permit
fee, if any, shall be separate and apart from any required fee for
a building permit for the erection of a sign covered by the New Jersey
Uniform Construction Code.
(3)
Enforcement of this section. Nothing contained in
this section shall be construed as prohibiting the Township from taking
appropriate legal action, including the filing of legal proceedings
in a court of competent jurisdiction, to enforce this section.
P.
Conditions.
(1)
Duration of permit. If the work authorized under a
sign permit has not been completed within six months after the date
of issuance, the permit shall become null and void and a new application
for a sign permit shall be required.
Q.
Appeals to Board of Adjustment.
(1)
Whenever it is alleged that there has been an error
in any order, action, decision, determination, or requirement by an
administrative official in the enforcement and application of any
provision contained within this section or any other provision of
this Code pertaining to sign permits (including any allegation that
an administrative official has failed to act within applicable time
frames), the aggrieved party shall file a written appeal with the
Board of Adjustment.
(2)
The written appeal shall be filed with the Board of Adjustment in accordance with § 102-44.1 of the Township Code.
(3)
The Board of Adjustment shall hold a hearing within
45 days following receipt of the written appeal.
(4)
The Board of Adjustment shall render a written decision
within 10 days following the hearing.
R.
Appellate decisions deemed final, subject to judicial review. The appellate decisions of the Board of Adjustment, pursuant to Subsection Q above, shall be deemed final, subject to judicial review as provided by law.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
S.
Administration and enforcing official. The Zoning Official shall be the enforcing official of this section, and enforcement shall be governed by § 102-45.
T.
Adoption of zoning regulations. The boundaries of
the various districts shown upon the official Zoning Map and the regulations
of the Land Use Code governing the use of land and buildings and other
matters set forth therein, as the same may be amended from time to
time, are made part of this section. Except as provided in this section,
no sign shall be erected, enlarged, reconstructed or structurally
altered which does not comply with all the district regulations established
by this section for the zoning district in which it is located.
U.
Freestanding signs (temporary and permanent), setbacks
and sight clearance. Freestanding signs, temporary and permanent,
shall comply with the following setback and sight clearance standards:
(1)
Setback. Freestanding signs shall be set back at least
five feet from any property line or by a distance equal to the height
of the freestanding sign, whichever is greater.
(2)
Sight clearance. Freestanding signs shall have a minimum
sight clearance from three feet above grade to eight feet above grade
when located within 50 feet of any public right-of-way intersection
or within 30 feet of any driveway or other point of ingress or egress.
V.
Setback measurement. Required setbacks for signs in
all zoning districts shall be measured from the property line to the
nearest part of the sign.
W.
Double-faced signs. Double-faced signs shall be permitted
in all zoning districts, provided the signs are designed and constructed
such that the two sign faces are back to back and directionally oriented
180° from each other. The maximum sign area allowed shall be permitted
for each sign face.
X.
Illumination. Freestanding and attached signs may
be illuminated, unless stated otherwise in the specific zoning district
regulations, provided the illumination is designed and installed in
such a manner that light from the sign meets all requirements of this
section, the Code, and the New Jersey Uniform Construction Code.
Y.
Time and temperature signs. Time and temperature signs
may be utilized as part of an otherwise allowed freestanding or attached
sign in nonresidential zoning districts; otherwise they are prohibited.
Z.
All districts. The regulations in this section apply
in every zoning district, except where otherwise specified or indicated.
Sign permits are not required for signs and sign-types described and
identified in this section.
(1)
Street address signs. For each parcel, residence or
business, one street address sign may be displayed. For each residence,
the street address sign shall not exceed two square feet in sign area
unless required by applicable law. For each business or parcel in
nonresidential use, the street address sign shall not exceed six square
feet in sign area unless required by applicable law.
(2)
Nameplate or occupant identification signs. For each
residence, business or other occupancy, one nameplate sign may be
displayed. For residences, the nameplate or occupant identification
signs shall not exceed two square feet in sign area. For any nonresidential
use, the nameplate or occupant identification sign shall not exceed
six square feet in sign area.
(3)
Noncommercial on-site directional signs. Noncommercial
on-site directional signs, not exceeding four square feet in sign
area, shall be allowed on each parcel.
(4)
Noncommercial on-site parking space signs. Noncommercial
on-site parking space number signs, not exceeding one square foot
of sign face per sign, shall be allowed on each parcel in noncommercial
use having multiple parking spaces on site. One such sign shall be
allowed for each parking space.
(5)
Free expression signs. For each parcel, one free expression
sign not exceeding three square feet in size (sign area) may be displayed.
The free expression sign may be displayed as an attached sign or as
a freestanding sign; if displayed as a freestanding sign, the freestanding
sign shall not exceed three feet in height. A free expression sign
is in addition to any other sign permitted under this section and
is permitted in any zoning district. Only one such sign shall be permitted
on each parcel.
(6)
Election signs. For each parcel, one election sign
for each candidate and each issue may be displayed. An election sign
may be displayed as an attached sign or as a freestanding sign. The
election sign shall not exceed three square feet in size (sign area);
and, if the election sign is displayed as a freestanding sign on the
parcel, the election sign shall not exceed three feet in height. An
election sign shall be removed within seven calendar days following
the election to which it pertains.
(7)
Flagpoles. One flagpole is allowed for each parcel,
except parcels greater than 1/2 acre in size shall be allowed up to
three flagpoles. Flagpoles in residential districts shall not exceed
25 feet in height, and flagpoles in nonresidential districts shall
not exceed 35 feet in height.
(8)
Flags. For each detached dwelling unit in a residential
district, two flags not greater than 24 square feet in sign area (each)
may be displayed. For each parcel in a multifamily residential district
and in a nonresidential district, three flags not greater than 48
square feet in sign area (each) may be displayed.
(9)
Warning signs and safety signs. Warning signs and
safety signs, not exceeding four square feet in size (sign area),
shall be allowed in all districts.
(10)
Temporary construction signs. One temporary
construction sign shall be allowed on each parcel. Temporary construction
signs shall not exceed six square feet in size (sign area).
(11)
Temporary real estate signs, generally.
(a)
Number. For each parcel, one temporary real
estate sign may be displayed on each parcel of land or part thereof
that is for sale, lease, or rent; however, when more than one dwelling
unit or nonresidential space on a parcel of land is for sale, lease,
or rent, there may be one real estate sign for each such unit or space.
For a parcel with dual street frontage, such parcels may have one
additional temporary real estate sign per frontage.
(b)
Size and height. Temporary real estate signs
shall not exceed six square feet in size (area) and three feet in
height for a property two acres or less in size, and shall not exceed
15 square feet in size (area) and four feet in height for a property
greater than two acres in size.
(c)
Duration. Temporary real estate signs shall
be removed within seven days following the closing or settlement of
a sale, lease or rental of the real estate that was offered for sale,
lease, or rent.
(12)
Temporary garage-yard sale signs. For each parcel
with a lawful residential use, one temporary garage-yard sale sign
may be displayed. A temporary garage-yard sale sign shall not exceed
three square feet in size and three feet in height. A temporary garage-yard
sale sign may not be displayed for a period longer than three days
twice a year.
(13)
Temporary window signs. For each parcel, one
or more temporary window signs may be displayed. On parcels that are
in residential use, the temporary window sign(s) shall not exceed
an aggregate of three square feet in sign area. On parcels that are
in nonresidential use, the temporary window sign(s) shall not exceed
an aggregate of 24 square feet in sign area. Temporary window signs
shall not cover more than 25% of any window surface.
(14)
Temporary future development signs. A temporary
future development sign shall be allowed in new subdivisions, subject
to the following limitations.
(a)
Number. No more than one such sign shall be
allowed upon any property held in single and separate ownership, unless
the property fronts upon more than one public street, in which event
one sign may be erected on each street frontage.
(b)
Size. For a subdivision containing less than
10 lots, the temporary future development sign shall not exceed 24
square feet in sign area. For a subdivision containing 10 lots or
more, the temporary future development sign shall not exceed 35 square
feet in sign area.
(c)
Height. A temporary future development sign
shall not exceed six feet in height.
(d)
Duration. Temporary future development signs
shall be removed within seven days after the last dwelling has been
initially occupied.
(15)
Temporary special event signs.
(a)
Temporary special event signs as approved by
the Zoning Officer as meeting the following content-neutral criteria:
[1]
The signs are temporary signs for a limited
time and frequency;
[2]
The signs are for a special event as defined
herein (see special event sign);
[3]
The temporary signs will not exceed three square
feet in size (area) and three feet in height;
[4]
The temporary signs will not conceal or obstruct
adjacent land uses or signs;
[5]
The temporary signs will not conflict with the
principal permitted use of the site or adjoining sites;
[6]
The temporary signs will not interfere with,
obstruct the vision of or distract motorists, bicyclists or pedestrians;
[7]
The temporary signs will be installed and maintained
in a safe manner; and
[8]
The display of temporary signs for a special
event shall not begin any earlier than one week before the event and
shall be removed within two business days after the event.
(b)
Consistent with § 102-30 of the Land Use Code, approval or disapproval shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within 10 days after an application is made for such signs. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the Board of Adjustment.
AA.
Agricultural Residential (AR); Mountain Residential (MR); Single-Family Residential (R-1 1/2). In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection Z, the following permanent and temporary signs are also allowed within the districts designated in the Bethlehem Township Land Use Code, as amended from time to time, as AR, MR and R-1 1/2 as set forth below. The permanent signs described below require a sign permit.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(1)
Subdivision monument identification signs. For
each platted subdivision or neighborhood entrance, two subdivision
monument identification signs not exceeding six feet in height and
20 square feet in sign area shall be allowed.
(2)
Monument signs and mounted wall signs. For each
parcel with a permitted nonresidential permitted use in the Agricultural
Residential (AR), Mountain Residential (MR), or Single-Family Residential
(R-1 1/2), there may be one permanent monument sign or one permanent
wall sign not exceeding 12 square feet in size.
(3)
Temporary agricultural signs. For each parcel
allowed a permitted agricultural use, up to two temporary agricultural
signs may be displayed per business establishment on parcel or lot.
BB.
Neighborhood Commercial (NC); Highway Commercial (HC); General Commercial (GC). In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection Z, the following permanent signs are also allowed within districts designated in the Bethlehem Township Land Use Code, as amended from time to time, as NC, HC and GC as set forth below. Other than incidental signs, the permanent signs described below require a sign permit.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(1)
Permanent wall (mounted) signs.
(a)
For the premises on which a building is located,
there may be attached one permanent wall (mounted) sign not exceeding
20 square feet.
(b)
For each professional or office use located
on the premises, there may be one additional permanent wall (mounted)
sign not exceeding four square feet. Such signs shall not be illuminated.
(c)
A projecting sign may be used in lieu of a permanent
wall (mounted) sign, provided that the projecting sign does not extend
more than two feet from the wall or building surface, does not exceed
four square feet in size (area), and is at least eight feet above
grade level.
(2)
Monument signs. For each parcel with a permitted
nonresidential permitted use, there may be one permanent monument
sign not exceeding 12 square feet in size.
(3)
Incidental signs. Up to four incidental signs
may be permitted to be attached to a freestanding sign structure or
to a building wall, but not perpendicular to the wall. An incidental
sign shall not exceed one square foot in size.
CC.
Research, Office and Manufacturing (ROM) and Manufacturing (MFG). In addition to the permanent and temporary signs and sign-types that are allowed pursuant to Subsection Z, the following permanent signs are also allowed within the districts designated in the Bethlehem Township Land Use Code, as amended from time to time, as ROM and as set forth below. Other than incidental signs, the permanent signs described below require a sign permit.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(1)
Permanent wall signs.
(a)
Maximum size for front facades. For each building,
a permanent wall sign may be mounted on the front facade of the building,
provided that the size (area) does not exceed 5% of the building facade
(inclusive of all doors and window openings); however, for each 10
feet or fraction thereof that the building facade is located behind
the building setback line, the aggregate maximum square footage for
a permanent wall sign shall increase by 1% up to a limit of 10% of
the building facade.
(b)
Maximum size for side facades. For each building,
a permanent wall sign may be mounted on a side facade of the building,
provided that the size (area) shall not exceed 5% of the side facade
(inclusive of all doors and window openings).
(2)
Permanent freestanding signs. For each lot or
tract, a freestanding sign is allowed subject to the following limitations
as to height, size (area), spacing, setback, number, and location:
(a)
Maximum height. The maximum height of a freestanding
sign shall not exceed 14 feet.
(b)
Maximum size. The maximum size (area) of the
sign face of a freestanding sign shall not exceed 20 square feet per
side, provided that the combined surface area shall not exceed 40
square feet.
(c)
Minimum spacing. There shall be a minimum spacing
between freestanding signs. A freestanding sign shall not be constructed
any closer to another freestanding sign than the following of 100
linear feet or a linear distance equal to 20 times the largest dimension
of the size face, either height or width, whichever is greater.
(d)
Minimum setback. There shall be a minimum setback
between a freestanding and side property lines. A freestanding sign
shall be setback a minimum of 20 feet from any side property line.
(e)
Maximum number. There shall only be one freestanding
sign structure per tract or lot.
(f)
Front yard location. A freestanding sign may
only be erected in the front yard of the tract or lot on which it
is located.
(3)
Incidental signs. Up to four incidental signs
may be permitted to be attached to a freestanding sign structure or
to a building wall, but not perpendicular to the wall. An incidental
sign shall not exceed one square foot in size.
DD.
Transition rules. Any permit actually issued prior
to the effective date of the adoption of the sign regulations that
comprise this section shall remain valid but only until the earlier
of the following dates: the date that said permit expires by its own
terms or expired under the operation of the former ordinance or 90
days after the effective date of the adoption of this section.
EE.
Severability.
(1)
Generally. If any part, section, subsection,
paragraph, subparagraph, sentence, phrase, clause, term, or word of
this section is declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, the declaration of
such unconstitutionality shall not affect any other part, section,
subsection, paragraph, subparagraph, sentence, phrase, clause, term,
or word of this section.
(2)
Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection EE(1), or elsewhere in this section, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(3)
Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in Subsection EE(1), or elsewhere in this section, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section that pertains to prohibited signs, including specifically those signs and sign-types prohibited and not allowed under Subsection Z.Z. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subsection Z is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of Subsection Z.Z.
[Amended 10-6-2011 by Ord. No. 255.50.2011]
(4)
Severability of prohibition on billboards. If
any part, section, subsection, paragraph, subparagraph, sentence,
phrase, clause, term, or word of this section and/or any other Code
provisions and/or laws are declared invalid or unconstitutional by
the valid judgment or decree of any court of competent jurisdiction,
the declaration of such unconstitutionality shall not affect the prohibition
on billboards as contained herein.
A.
Streets.
(1)
All developments shall be served by paved streets
in accordance with the approved subdivision and/or site plan, and
all such streets shall have an adequate crown. The arrangement of
such streets not shown on the Master Plan or Official Map as adopted
by the township shall be such as to provide for the appropriate extension
of such streets and conform with the topography as far as practicable.
(2)
When a new development adjoins land susceptible of
being subdivided or developed, suitable provisions shall be made for
access to adjoining lands.
(3)
Local streets shall be so planned and identified with
appropriate signs so as to discourage through traffic.
(4)
In the event that a development adjoins or includes
existing streets that do not conform to widths as shown on the adopted
Master Plan or Official Map or the street width requirements of this
chapter, additional land along either or both sides of the street,
sufficient to conform to the right-of-way requirements, shall be dedicated
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of-way. The necessary deeds of ownership shall be
furnished and the dedication shall be expressed as follows: "Street
right-of-way granted for the purposes provided for and expressed in
the Land Development Ordinance of Bethlehem Township." If the development
is along one side only, 1/2 of the required extra width shall be dedicated,
and the road shall be improved, including excavation, base course,
surfacing and drainage improvements in accordance with the approved
application, which may require that the improvements extend across
the center line of the road.
(5)
In all developments, the minimum public street right-of-way
shall be measured from lot line to lot line and shall be in accordance
with the following schedule, provided that any new street that is
a continuation of an existing street shall be continued at a width
equal to that of the existing street, although a greater width may
be required in accordance with the following schedule, and provided,
further, that an applicant may submit a traffic study substantiating
a road width less than that indicated on the following schedule, and
the Planning Board, at its discretion and in consideration of the
anticipated traffic volumes, may grant permission to construct the
road(s) with reduced right-of-way and/or cartway improvements.
[Amended 4-10-1986 by Ord. No. 202-9-86]
|
Traffic Lanes
| |||||||
|---|---|---|---|---|---|---|---|
|
Type of Street
|
Right-
of-
Way Width
(feet)
|
Maxi-
mum Allow-
able Grade2
(percent)
|
No.
|
Width
(feet)
|
Shoulder Width Within Gutters
(feet)
|
Width c.s. Gutters on Each Side1
(feet)
|
Width Be-
tween Gutters and Curbs
(feet)
|
|
Arterial
|
80
|
7
|
2 and 2
|
12 and 13
|
—
|
15
|
50
|
|
Collector
|
66
|
8
|
2
|
12
|
8
|
13
|
40
|
|
Local (primary)
|
50
|
9
|
2
|
15
|
—
|
10
|
30
|
|
Local (minor)
|
50
|
10
|
2
|
123
|
—
|
13
|
24
|
|
NOTES:
1 Shall be grass
stabilized topsoil, minimum four inches thick.
2 No on-street parking
shall be permitted.
3 Except at intersections,
where the maximum grade shall not exceed 4%. In addition, no street
shall have a grade less than 1%.
|
(6)
Intersections.
(a)
Street intersections shall be as nearly at right
angles as possible and in no case shall be less than 80°. Approaches
to all intersections involving collector or arterial roads shall follow
a straight line or a curve with a radius of not less than 700 feet
for at least 100 feet. No more than two streets shall meet or intersect
at any one point, and the center lines of both intersecting streets
shall pass through a common point.
(b)
Any development abutting an existing street
classified as an arterial or collector shall be permitted only one
new street connecting with the same side of the existing street, except
that where the frontage is sufficient, more than one street may intersect
the arterial or collector street, provided that the streets shall
not intersect with the same side of the existing street at intervals
at less than 800 feet. The block corners of intersections shall be
rounded at the curbline, with the street having the highest radius
requirement as outlined below below determining the minimum standards
for all curblines:
|
Type of Street
|
Radius Requirement
(feet)
|
|---|---|
|
Arterial
|
40
|
|
Collector
|
35
|
|
Local
|
30
|
(7)
A tangent of at least 100 feet long shall be introduced
between reverse curves on arterial or collector streets. When connecting
street lines deflect from each other at any one point, they shall
be connected by a curve with a radius conforming to standard engineering
practice as contained in the Transportation & Traffic Engineering
Handbook, ITE, latest edition.
(8)
Culs-de-sac shall be no more than 2,400 feet in length
but, in any case, shall provide access to no more than 72 dwelling
units. A turnaround shall be provided at the end of the cul-de-sac
with a radius of 50 feet on the curbline plus a utility and planting
strip of 10 feet around the entire cul-de-sac. The center point for
the radius shall be the center line of the associated street or, if
offset, offset to a point where the radius becomes tangent to the
right curbline of the associated street.[2]
[2]
Editor's Note: A diagram of cul-de-sac variations is included at the end of this chapter.
(9)
No street shall have a name which will duplicate or
so nearly duplicate the name of an existing street name that confusion
results. The continuation of an existing street shall have the same
name. Curvilinear streets shall change their name only at street intersections.
The Township Committee reserves the right to approve or name streets
within a proposed development.
[Amended 2-18-1988 by Ord. No. 202-16-88]
(10)
The pavement width of streets and the quality
of subsurfacing and base materials shall adhere to the minimum standards
set forth by the county or state engineers when said paving concerns
roads under their jurisdiction and where such standards exist. Concerning
streets under the jurisdiction of the township, the following standards
shall apply:
(a)
All construction shall be in accordance with
the Standard Specifications for Road and Bridge Construction, 1983,
as prepared by the New Jersey State Department of Transportation,
and any supplements, addenda and modifications thereto.
(b)
On all township roads, the base course shall
be five inches of bituminous stabilized base, Stone Mix No. I-2, constructed
in two layers each of not less than 2 1/2 inches of compacted
thickness.
(c)
The surface course for all township roads shall
consist of two inches of bituminous concrete, Type FABC, Mix No. I-5,
applied according to the aforesaid New Jersey Department of Transportation
specifications and amendments thereto.
(d)
Where subgrade conditions of proposed street
areas are wet, springy or of such a nature that surfacing would be
inadvisable without first treating the subgrade, the treatment of
the subgrade shall be made in the following manner: The areas shall
be excavated to a suitable depth below the proposed finished grade
and filled with a suitable subgrade material as reasonably determined
by the Township Engineer. Where required by the Township Engineer,
a system of porous concrete pipe surface drains or an alternate solution
approved by the township shall be constructed beneath the surface
of the parking area and connected to a suitable drain. After the subbase
material has been properly placed and compacted, the street surfacing
material, as described hereinabove, shall be spread thereon.
B.
Curbs. Curbing, either belgian block, granite or concrete,
may be required along both sides of all streets, at the discretion
of the Planning Board. All curbing shall be laid in the manner approved
by the Township Engineer, including both horizontal and vertical alignments.
Depressed curb ramps for the handicapped shall be installed at all
radii in accordance with the laws of the State of New Jersey.
C.
Sidewalks and aprons.
(1)
Sidewalks and aprons may be required on both sides
of all existing and proposed streets, at the discretion of the Planning
Board, depending upon the probable volume of pedestrian traffic, the
general type of development intended and any alternate plans proposed
for the movement of people and bicycles.
(2)
Where required, sidewalks shall be at least four feet
wide and shall be four to six inches thick, constructed on a subgrade
properly prepared with four-inch base course of pea gravel or equivalent.
Sidewalks, aprons and sidewalks at aprons shall be concrete.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall occupy no more than 75% of the rear and/or side yard area(s) in which it is located and shall be located no closer to any lot line than the setback distance specified for accessory structures in Article IV or VI, as the case may be.
B.
A private residential swimming pool area must be enclosed
by a suitable fence with a self-latching gate at least four feet but
no more than six feet in height. All new and existing swimming pools
must be fenced in compliance with the provisions of this section within
six months of the effective date of this Code.
[Amended 2-7-1991 by Ord. No. 255-91]
C.
No commercial swimming pool shall be constructed or
installed unless approved by the Planning Board as part of a site
plan approval. Commercial swimming pools shall be classified into
types in accordance with their particular use and shall meet the appropriate
design standards as set forth by the National Swimming Pool Institute
or Chapter 9 of the State Sanitary Code, entitled "Public Recreational
Bathing" (N.J.A.C. 8:26), whichever is more stringent.
[Amended 2-7-1991 by Ord. No. 255-91]
A.
Where public water is accessible, water mains shall
be constructed in such a manner as to make adequate water service
available to each lot or building within the development. The entire
system shall be designed in accordance with the requirements and standards
of the local and/or state agency having approval authority and shall
be subject to their approval. The system shall also be designed with
adequate capacity and sustained pressure and in a looped system with
no dead-end lines, whenever possible.
B.
Where no public water is accessible, water shall be
furnished on an individual-lot basis. If wells are installed on each
lot and the lot also contains its own sewage disposal facilities,
the wells shall be of the drilled type with a minimum 50 feet of casing,
where possible or, where such minimum footage of casing is not possible,
the well shall be drilled at least 20 feet into unweathered rock.
Well installation, sealing and testing shall be in accordance with
the New Jersey Standards for Construction of Water Supply Systems
in Realty Improvements (Chapter 199 of the Laws of 1954[1]), as amended, and in accordance with the guidelines and
resolutions adopted by the Township Board of Health. Prior to being
placed in consumer use and prior to issuance of a certificate of occupancy
for any building served by the well, the developer shall certify to
the Township Board of Health that he complied with all applicable
state and local regulations.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
See § 102-57.
