Before a construction permit or certificate
of occupancy shall be issued for any conditional use as permitted
by this chapter, application shall be made to the Planning Board.
The review by the Planning Board of a conditional use shall include
any required site plan review pursuant to this chapter. Public notice
and a hearing shall be required as stipulated in this chapter.
A.
Public utility uses.
(1)
For purposes of this chapter, the term "public utility
uses" shall include such uses as telephone dial equipment centers,
power substations and other utilities serving the public, such as
sewage treatment plants, but shall exclude dumps and sanitary landfills.
(2)
The proposed installation in a specific location must
be reasonably necessary for the satisfactory provision of service
by the utility to the neighborhood or area in which the particular
use is located.
(3)
The design of any building in connection with such
facilities must not adversely affect the safe, comfortable enjoyment
of property rights in the surrounding area.
(4)
Adequate fences and other safety devices must be provided
as may be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Code in effect at
the time of the construction.
(5)
Landscaping, including shrubs, trees and lawns, shall be provided and maintained. (See § 102-23 regarding standards pertaining to natural features and landscaping.)
[Amended 12-6-2001 by Ord. No. 255-32-2001]
(6)
Off-street parking shall be provided as determined
by the Planning Board during site plan review.
B.
Car washes.
(1)
All mechanical activities must be conducted within
a totally enclosed building.
(2)
Off-street parking shall be provided in accordance
with the following schedule: three access lanes for each mechanized
car wash entrance, with each lane having a minimum capacity for 12
vehicles; one separate space for each waxing, upholstery cleaning
or similar specialized service area; and one space for every one employee.
All vehicle entrances shall be from the rear of the building, and
all parked and waiting vehicles shall be accommodated on the lot.
(3)
One sign shall be permitted, either freestanding or
attached, not exceeding an area equivalent to 5% of the first floor
portion of the front facade or 75 square feet, whichever is smaller.
Freestanding signs shall be set back at least 25 feet from all street
and lot lines.
(4)
All of the other area, yard, building coverage, height
and general requirements of the respective zone and other applicable
requirements of this chapter must be met; specific attention shall
be given to the control of water discharge from the site.
C.
Motels.
(1)
Any motel that may be constructed on a lot or parcel
of land must contain a minimum of at least 20 units of accommodation,
exclusive of, but in addition to, a permanent, on-site superintendent's
living quarters. The minimum number of units of accommodation in any
single building shall be 10.
(2)
Each unit of accommodation shall contain a minimum
floor area of 250 square feet. Ceilings shall be a minimum of eight
feet in height.
(3)
Each unit of accommodation shall include a minimum
of two rooms; a bedroom and a separate bathroom. No more than 20%
of the units shall include cooking facilities within said unit.
(4)
There shall be a residency limitation on all guests
of 30 days maximum, provided that the residency limitation shall not
apply to an employee living on the premises.
(5)
Off-street parking shall be provided at the ratio
of 1 1/4 spaces per room.
(6)
One sign shall be permitted, either freestanding or
attached, not exceeding an area equivalent to 5% of the first floor
portion of the front facade or 75 square feet, whichever is smaller.
Freestanding signs shall be set back at least 25 feet from all street
and lot lines.
(7)
All of the other area, yard, building coverage, height
and general requirements of the respective zone and other applicable
requirements of this chapter must be met.
D.
Research complexes.
(1)
The term "research complex" shall mean and include
research and engineering activities involving scientific investigation,
engineering study, product development and similar activities not
involving the manufacturing, retail sale, processing, warehousing,
distribution or fabrication of material, products or goods except
as incidental to the principal permitted uses.
(2)
The minimum tract size shall be 100 contiguous acres
not separated by any public roads.
(3)
The tract of land shall have at least 500 feet of
continuous frontage on an existing or proposed arterial or primary
collector roadway.
(4)
The maximum lot coverage shall be 30%, and conversely,
no less than 70% of the tract shall be left in its natural state and/or
used for agricultural purposes.
(5)
All buildings and parking areas shall be a minimum distance of 300 feet from all lot lines and exterior roads except as provided in Subsection D(6) hereinbelow.
(6)
Entrance lodges, walls, gates and similar improvements
may not be located closer than 75 feet to any lot line.
(7)
Service or entrance roads, streets or driveways shall
not be located closer than 150 feet to any property line.
(8)
Each property shall be appropriately landscaped, particularly along its frontages. Existing woodlands, windbreaks and watersheds shall be preserved as far as the standards of good conservation practice require. When natural features do not comprise an effective screen along side or rear property lines which are adjacent to existing residences, a buffer line shall be provided, at least 50 feet in depth and in accordance with the requirements specified in § 102-51B(3)(t) of this chapter.
(9)
The maximum floor area ratio (FAR) shall be 0.175.
(11)
Off-street parking shall be provided at the
ratio of one space for every 1,000 square feet or fraction thereof
of floor area used for inside storage, plus one space for every 700
square feet or fraction thereof of floor area used for research or
engineering, plus one space for every 300 square feet or fraction
thereof of floor area used for offices.
(12)
Permitted accessory uses shall include an educational
or scientific conference center with provisions for feeding and sleeping
of guests therein, provided that the use of such facilities is directly
related to the principal use and is not open to the general public.
(13)
Each research complex may have one freestanding
sign along each arterial or collector road which the tract in question
abuts, provided that there exists at least 250 feet of unbroken frontage.
Such sign shall not exceed a height of 20 feet, shall be set back
from the street rights-of-way and driveways at least 50 feet, shall
be set back from any property line a minimum of 100 feet, shall not
exceed an area of 75 square feet and shall be used only to display
the name of the enterprise. Additional signs may be permitted as appropriate
and necessary for informational purposes.
(14)
All other applicable requirements of this chapter
must be met.
E.
Senior citizen housing.
(1)
No site shall contain less than 10 acres.
(2)
The maximum residential density shall not exceed 15
dwelling units per gross acre.
(3)
No dwelling unit shall contain more than two bedrooms.
(4)
The maximum building height shall not exceed 35 feet
and 2 1/2 stories.
(5)
A minimum of one parking space shall be provided for
each dwelling unit.
(6)
Individual dwelling units shall meet or exceed minimum
design requirements specified by the New Jersey Housing Finance Agency.
(7)
A land area or areas equal in aggregate to at least
250 square feet per dwelling unit shall be designated on the site
plan for the recreational use of the residents of the project.
(8)
Prior to any township approval, the following prerequisites
shall have been accomplished:
(a)
Verification that there are adequate utility
services and support facilities for the project, including existing
and/or proposed public transit and commercial establishments serving
everyday needs, within a one-mile walking distance of the proposed
site.
(b)
Assurance that the occupancy of such housing
will be limited to households, the single member of which or either
the husband or wife or both, of which or any of a number of siblings
or unrelated individuals of which or a parent of children of which
is/are 62 years of age or older, or as otherwise defined by the Social
Security Act, as amended, except that this provision shall not apply
to any resident manager on the premises.
(c)
Verification of preliminary approval of the
project by any state or federal agency which finances or assists the
financing or operation of such housing.
(9)
All other applicable requirements of this chapter
must be met.
F.
Service stations.
(1)
The minimum lot size for service stations shall be
one acre and the minimum frontage shall be 200 feet.
(2)
No service station shall be located within 500 feet
of any firehouse, school, playground, church, hospital, public building
or institution.
(3)
All appliances, pits, storage areas and trash facilities,
other than gasoline filling pumps or air pumps, shall be within a
building. Gasoline filling pumps and air pumps shall be permitted
within the required front yard space of service station but shall
be no closer than 50 feet to any future street line. All lubrication,
repair or similar activities shall be performed in a fully enclosed
building, and no dismantled parts shall be displayed outside of an
enclosed building.
(4)
No junked motor vehicle or part thereof shall be permitted
on the premises of any service station. Moreover, no more than six
motor vehicles may be located upon any service station premises outside
of a closed or roofed building for a period of time not to exceed
seven days, provided that the owners of said motor vehicles are awaiting
their repair or disposition.
(5)
Landscaping shall be provided in the front yard area equal to at least 20% of the front yard area, and such landscaping shall be reasonably distributed throughout the entire front yard area. (See also § 102-23 regarding standards pertaining to natural features and landscaping.)
[Amended 12-6-2001 by Ord. No. 255-32-2001]
(6)
The exterior display and parking of motor vehicles,
trailers, boats or other similar equipment for sale shall not be permitted
as part of a service station.
(7)
Service stations shall provide at least six off-street
parking spaces for the first lift, wheel-alignment pit or similar
work area; five additional spaces for a second work area; and an additional
three spaces for each additional work area. Such spaces shall be separated
from the driveway and general apron areas which give access to the
gasoline and air pumps and service areas. No designated parking space
shall obstruct access to such facilities. No parking shall be permitted
on unpaved areas.
(8)
Service stations may be permitted one freestanding
sign and one sign attached flat against the building. The freestanding
sign shall not exceed an area of 20 square feet and shall be set back
at least 20 feet from all street rights-of-way and lot lines. The
attached sign shall not exceed 30 square feet in area.
(9)
All of the other area, yard and general requirements
of the respective zone and other applicable requirements of this chapter
must be met.
G.
Hotels.
(1)
Any hotel that may be constructed on a lot or parcel
of land must contain a minimum of at least 100 units of accommodation.
Hotels also may contain ancillary retail, service, restaurant and
convention facilities, provided that said facilities are provided
primarily for the use of the hotel occupants.
(2)
Each unit of accommodation shall contain a minimum
floor area of 250 square feet. Ceilings shall be a minimum of eight
feet in height.
(3)
Each unit of accommodation shall include a minimum
of two rooms, a bedroom and a separate bathroom. No more than 10%
of the units shall include cooking facilities within said unit.
(4)
There shall be a residency limitation on all guests
of 30 days maximum. The foregoing residency limitation shall not apply
to an employee living on the premises.
(5)
Off-street parking shall be provided at the ratio
of 1 1/4 spaces per room, plus one parking space for every five
seats provided in ancillary restaurant and convention facilities.
(6)
No building shall exceed six stories and 60 feet in
height.
(7)
No building shall be located within 175 feet of any
street line, within 150 feet of any rear lot line or within 75 feet
of any side lot line.
(8)
Building coverage shall not exceed 30% of the lot
area.
(9)
All of the other area, yard and general requirements
of the respective zone and other applicable requirements of this chapter
must be met.
(10)
Two signs shall be permitted, one freestanding
and one attached, each not exceeding an area equivalent to 5% of the
first floor portion of the front facade or 100 square feet, whichever
is smaller. Freestanding signs shall be set back at least 25 feet
from all street and lot lines.
I.
Accessory apartments.
[Added 7-19-2001 by Ord. No. 255-31-2001; amended 12-7-2017 by Ord. No.
444.2017; 12-20-2018 by Ord. No. 444.2018]
(1)
"Accessory apartment" shall mean a portion of an existing single-family
dwelling or existing accessory structure that has been converted in
accordance with the provisions of this section, as applicable, under
a Township-sponsored affordable housing program in which public funds
are granted for the creation or maintenance of the accessory apartment
in exchange for a deed restriction limiting the unit for occupancy
by and affordability to a qualified low-income household for a period
of at least 10 years. This term may also encompass preexisting, illegal
apartments that are legalized through the affordable housing program
pursuant to the requirements of this section.
(2)
Accessory apartments within a single-family dwelling or existing
accessory structure are subject to compliance with all of the following
requirements:
(a)
The term "accessory apartment" shall be as defined above.
(b)
Each new accessory apartment created under the terms of this
section shall be deed restricted for occupancy by and affordability
to a qualified low-income household. The Township of Bethlehem shall
provide a per-unit subsidy not to exceed $25,000 for the creation
of a new accessory apartment for a qualified low-income household,
for up to a total of three new accessory apartments, not to exceed
a total expenditure of $75,000 for the program. The required deed
restriction shall be applicable for a period of at least 10 years
from the date a certificate of occupancy is issued for the new accessory
apartment in accordance with the terms of the Borough's Affordable
Housing Ordinance.[2]
(c)
No accessory apartment shall be created under the terms of this
section unless all of the following apply:
[1]
An application has been submitted to and approved by the administrative
agent for the accessory apartment program;
[2]
The creation of the accessory apartment shall be accomplished
as part of the Borough's affordable housing compliance program; and
[3]
The accessory apartment shall be deed restricted in accordance
with the terms of the Township's Affordable Housing Ordinance, Council
on Affordable Housing Rules and the Uniform Housing Affordability
Controls and affirmatively marketed in accordance with the terms of
the Affirmative Marketing Plan.
(d)
The Board of Health shall certify the adequacy of the existing
on-site septic system to accommodate the original dwelling plus the
accessory apartment. No additional septic system shall be constructed
to serve the accessory apartment, and any replacement system, if required,
shall not be expanded in its capacity beyond that needed to serve
the number of bedrooms in the existing host dwelling unit. In the
case of an existing septic system with reserve capacity, the total
number of bedrooms representing the sum of the original dwelling plus
the accessory apartment not exceeding the reserve capacity may be
realized, provided certification of the adequacy of the system to
accommodate the total number of bedrooms proposed is provided by the
Board of Health.
(e)
There is no limit on the number of bedrooms that may be included
in any accessory apartment unit, but the total number of bedrooms
in both the accessory apartment unit and the host dwelling shall not
exceed the preexisting number of bedrooms in the host dwelling unless
the existing system has reserve capacity and is certified by the Board
of Health as adequate to serve the total number of bed-rooms proposed
on the property.
(f)
All accessory apartment units shall meet the requirements of
N.J.A.C. 5:23-2.4 and 5:23-2.5 following the completion of the conversion.
(g)
The property proposed for conversion shall be able to accommodate
at least three off-street parking spaces having direct and unrestricted
driveway access and not blocked by any other parking space.
(h)
The provisions of this section shall expire automatically when
three accessory apartments have been approved or when funds are no
longer available to subsidize accessory apartment conversions, whichever
occurs later.
(i)
Plans and elevations.
[1]
An applicant seeking to create an accessory apartment shall
submit to the administrative agent:
[a]
A sketch of the existing host dwelling floor plan.
[b]
A sketch of the proposed floor plan showing the
location, size and relationship of both the accessory apartment and
the primary or host dwelling;
[c]
Rough elevations showing the modification of any
exterior building facade to which a change is proposed [i.e., to accommodate
a building entrance or new window(s)]; and
[2]
All plans and elevations shall be clear and concise and drawn
to a scale of not less than one inch equals four feet for the floor
plan(s) and elevation(s) and one inch equals 20 feet for the site
development plan.
(j)
After the creation of the accessory apartment, the property
shall maintain the usual appearance of a single-family detached dwelling
and its appurtenant structures and shall remain compatible with the
character of the surrounding neighborhood.
(k)
A converted dwelling shall not have more than the existing number
of entrances along the front of the building. All new entrances to
either the primary (host) or accessory dwelling units shall be located
on the sides or rear of the building, except in the case of conversion
of an existing accessory building to an accessory apartment.
(l)
No new unenclosed exterior stairways shall be allowed on the
front of the building.
(m)
No dwelling shall occupy any floor above the second floor except
that existing space above the second floor may be used for storage
or sleeping rooms for a second floor dwelling, provided that all applicable
construction code requirements are met. No dwelling shall be located
in a below-ground basement where the exterior grade is more than half
the height of the exterior wall, unless there is at least one exterior
facade where the unit is at grade with the ground outside.
(o)
Preexisting unauthorized accessory apartments may be legalized
under this section without penalty to the property owner, but with
no public subsidy provided, if all of the foregoing criteria as well
as the following criteria can be met:
[1]
The unit is currently vacant.
[2]
If the unit is currently in substandard condition, it can be
brought up to standard condition before a certificate of occupancy
is issued.
[3]
The unit will be affirmatively marketed pursuant to the Township's
Affirmative Marketing Plan.
[4]
The unit will be deed restricted for occupancy by and will remain
affordable to a qualified low-income household for a period of 10
years from the date a certificate of occupancy is issued for it, consistent
with the requirements of the Township's Affordable Housing Ordinance
and the rules of the Council on Affordable Housing.
A.
Christmas tree sale. The annual sale of Christmas
trees is permitted in the AR, MR, NC, HC, GC, ROM and MFG Zones between
December 1 and December 25, inclusive.
B.
Height limits. Except for single-family dwellings
as permitted in this chapter, penthouses or roof structures for the
housing of stairways, tanks, ventilating fans, air-conditioning equipment
or similar equipment required to operate and maintain the building;
or skylights, spires, cupolas, flagpoles, chimneys or similar structures
may be erected above the height limits prescribed by this chapter,
but in no case more than 20% more than the maximum height permitted
for the use in the district, except that farm silos and barns for
farming purposes associated with farming shall have no height restrictions.
C.
Parking of commercial vehicles in residential zones.
One registered commercial vehicle of a rated capacity not exceeding
one ton on four wheels, owned or used by a resident of the premises,
shall be permitted to be regularly parked or garaged on a lot in any
residential district. Additional commercial vehicles as described
herein shall be permitted, provided that they are garaged at all times
when not in use. The provisions of this chapter must be met on the
single lot for which the use is accessory to the main use of the premises.
This provision shall not be deemed to limit the number of commercial
trucks or cars used on a farm or construction equipment which is used
on the site for construction purposes.
D.
Public election voting places. The provisions of this
chapter shall not be construed as to interfere with the temporary
use of any property as a voting place in connection with a municipal
or other public election.
E.
Public utility lines. Public utility lines for the
transportation and distribution and control of water, electricity,
gas, oil, steam, telegraph and telephone communications, and their
supporting members, other than buildings or structures, shall not
be required to be located on a lot, nor shall this chapter be interpreted
as to prohibit the use of a property in any zone for the above uses.
No townhouse or apartment dwelling unit shall
be constructed in the township unless the dwelling is part of an approved
site plan and unless the following minimum standards are met, in addition
to other applicable requirements of this chapter:
A.
Each building and complex of buildings shall have
a compatible architectural theme with appropriate variations in design
to provide attractiveness to the development. Such variations in design
shall result from the use of landscaping and the orientation of buildings
to the natural features of the site and to other buildings as well
as from varying unit widths, using different exterior materials, changing
rooflines and roof designs, varying building heights and changing
window types, shutters, doors, porches and exterior colors. Architectural
elevations shall be submitted to the Planning Board for review and
approval.
B.
All dwelling units shall be connected to approved
and functioning water and sanitary sewer systems prior to the issuance
of a certificate of occupancy.
C.
All parking facilities shall be on the same site as
the building and located within 150 feet of the nearest entrance of
the building that they are intended to serve. Parking spaces shall
be provided in areas designed specifically for parking, and there
shall be no parallel or diagonal parking along interior streets. Moreover,
at least one garage shall be provided for each unit unless specifically
waived by the Planning Board.
D.
No outside area or equipment shall be provided for
the hanging of laundry or the outside airing of laundry in any manner.
Sufficient area and equipment shall be made available within each
building for the laundering and artificial drying of the laundry of
the occupants of each building.
E.
Each building shall contain a single master television
antenna system which shall serve all dwelling units within the building.
F.
Each dwelling unit shall have the following minimum
net habitable floor areas, provided that these areas are not larger
than those required by the New Jersey Housing Finance Agency:
G.
For each apartment unit, in addition to any storage
area contained inside individual dwelling units, there shall be provided
for each dwelling unit 250 cubic feet of storage area in a convenient,
centrally located area in the cellar, basement or ground floor of
the building where personal belongings and effects may be stored without
constituting a fire hazard and where said belongings and effects may
be kept locked and separated from the belongings of other occupants.
H.
No townhouse dwelling unit shall be less than 20 feet
wide.
[Added 4-16-1998 by Ord. No. 255-12-98]
A.
Purpose.
(1)
The purpose of this section is to establish
general guidelines for the siting of wireless communications towers
and antennas. The goals of this section are to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential
areas.
(c)
Minimize the total number of towers throughout
the community.
(d)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers.
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(h)
Consider the public health and safety of communication
towers.
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(2)
In furtherance of these goals, the Township
of Bethlehem shall give due consideration to the Township of Bethlehem's
Master Plan, Zoning Map, existing land uses and environmentally sensitive
areas in approving sites for the location of towers and antennas.
This section further seeks to comply with the mandate of the Federal
Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which
preserves local government authority to manage, with respect to cellular
and other wireless telecommunications services, to enforce zoning
requirements that protect public safety, public and private property
and community aesthetics. This section expressly recognizes that the
New Jersey Supreme Court, in Smart SMR of New York, Inc. v. Borough
of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), has declared
that wireless telecommunications facilities are not inherently beneficial
uses and that the facility use must be particularly suited for the
proposed site.
[Amended 4-21-2011 by Ord. No. 255.12.3.2011]
B.
ANTENNA
APPROVING AUTHORITY
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
STEALTH TOWER STRUCTURE
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The Planning Board with respect to conditional use permits,
Zoning Board of Adjustment with respect to variance requests pursuant
to N.J.S.A. 40:55D-70d(1) and (3) or the Zoning Officer for permitted
uses with respect to this section and applicable township Code provisions,
as well as applicable state and federal law.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the base of the tower to
the highest point on the tower or other structure, including the base
pad and any antenna.
Any tower or antenna for which a building permit or other
permit has been properly issued prior to the effective date of this
section, including permitted towers or antennas that have not yet
been constructed, so long as such approval is current and not expired,
and including any tower or antenna that is presently a permitted use
pursuant to the Township Code on property owned, leased or otherwise
controlled by the Township of Bethlehem.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers or monopole towers. Guyed towers are not permitted
within the township. The term includes radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone
towers, alternative tower structures and the like. The term includes
the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only
antennas. This section shall not govern any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(4)
Satellite dish antennas. This section shall
not govern any parabolic satellite antennas.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers
may be considered either principal or accessory uses. Notwithstanding
any other township land development regulation, a different existing
structure on the same lot shall not preclude the installation of an
antenna or tower on such lot. If a tower and its appurtenant structures
constitute the sole use of the lot, the tower shall be deemed to be
the principal use. If a tower and its appurtenant structures are not
the sole use of the lot, the tower shall be deemed an accessory use.
(2)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with zone development
regulations, including but not limited to setback requirements, lot
coverage requirements and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide to the approving authority
an inventory of its existing towers, antennas or sites approved for
towers or antennas that are either within the jurisdiction of the
Township of Bethlehem or within 12 miles of any border of the township
thereof, including specific information about the location, height
and design of each tower. The Zoning Officer may share such information
with other applicants applying for administrative approvals or permits
under this section or other organizations seeking to locate antennas
within the jurisdiction of the Township of Bethlehem; provided, however,
that the Zoning Officer is not by sharing such information in any
way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the
following requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA or the township,
be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend them into
the natural setting and surrounding buildings and shall be located
out of public view (visible from a public street, public land and
public buildings) behind existing structures, buildings or terrain
features which will shield the buildings and related structure from
view without blocking the transmission signals. The foregoing may
include, but shall not necessarily be limited to, stealth measures
such as special paint treatment, concealment through such architectural
means as a bell tower, steeple, etc., or the use or camouflage through
simulated foliage so as to appear as a tree.
[Amended 10-19-2000 by Ord. No. 255-12-2-2000]
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lit,
unless required by the FAA. It is the intent of the township that
towers shall not exceed FAA height standards that would require lighting.
If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to the surrounding views, while still
complying with both FAA and FCC standards and regulations.
(6)
State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Township of Bethlehem
concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then, upon notice
being provided to the owner of the tower, the owner shall have 30
calendar days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 calendar
days shall constitute grounds for the removal of the tower or antenna
at the owner's expense.
(8)
Not essential services or inherently beneficial
uses. Towers and antennas shall be regulated and permitted pursuant
to this section and shall not be regulated or permitted as inherently
beneficial uses, essential services, public utilities or private utilities.
(9)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in the Township of Bethlehem have been obtained and shall file a copy
of all required franchises with the Zoning Officer.
(10)
Public notice. For purposes of this section,
any conditional use or variance request shall require public notice
in accordance with § 12 of the New Jersey Municipal Land
Use Law, N.J.S.A. 40:55D-12.
[Amended 4-21-2011 by Ord. No. 255.12.3.2011]
(11)
Signs. No signs shall be allowed on an antenna
or tower.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(13)
Multiple antenna/tower plan. The Township of
Bethlehem encourages the users of towers and antennas to collocate
antennas where technically, practically and economically feasible.
Applications for approval of collocation sites shall be given priority
in the review process.
E.
Permitted uses.
(1)
General. The uses listed in this subsection
are deemed to be permitted uses and shall not require a conditional
use permit or variance application.
(2)
Permitted uses. The following uses are specifically
permitted:
(a)
Antennas or towers located on property owned,
leased or otherwise controlled by the Township of Bethlehem, provided
that a license or lease authorizing such antenna or tower has been
approved by the Township of Bethlehem. However, the township may,
as a condition of such lease, require site plan approval. The decision
to extend such leases to an applicant shall be vested solely with
the township, shall not be governed by this section and shall be subject
to the bidding requirements of the Local Public Contracts Law[1] of the State of New Jersey. The township, in its absolute
discretion, reserves the express right to deny all use of its property
for antennas or towers. Preexisting towers and antennas are exempt
from the application of this subsection.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(b)
Any antenna which is not attached to a tower
may be attached to any existing business, industrial, office or institutional
structure located in the NC, HC, GC and ROM Zones, or to any agricultural
structure in the AR Zone, provided that:
[Amended 10-19-2000 by Ord. No. 255-12-2-2000; 4-21-2011 by Ord. No.
255.12.3.2011]
F.
Conditional use permits and variance applications.
(1)
List of conditional uses. The following uses
may be approved by the applicable approving authority as conditional
uses:
(a)
Antennas on existing towers consistent with the terms of Subsections F(1)(a) and (b) below:
[Amended 10-19-2000 by Ord. No. 255-12-2-2000]
[1]
An antenna may be attached to an existing tower
in the HC, NC, GC, AR and ROM Zones and, to minimize adverse visual
impacts associated with the proliferation and clustering of towers,
collocation of antennas by more than one carrier on existing towers
shall take precedence over the construction of new towers, provided
that such collocation is accomplished in a manner consistent with
the following:
[Amended 4-21-2011 by Ord. No. 255.12.3.2011]
[a]
A tower which is modified or reconstructed
to accommodate the collocation of an additional antenna shall be of
the same tower type as the existing tower, unless the approving authority
specifically allows reconstruction as a monopole.
[b]
Height.
[i]
An existing tower may be modified
or rebuilt to a taller height not to exceed the maximum tower height
established by this section.
[ii]
The height change referred to
in Subsection F(1)(a)[1][b][i] may only occur one time per each additional
user of the tower in question, up to a maximum of three times per
tower.
(b)
New towers.
[1]
New towers may be constructed to hold antennas.
In addition to any information required for applications for conditional
use permits pursuant to applicable Township Code provisions and state
law, applicants for a conditional use permit or a variance for a tower
shall submit the following information to the approving authority:
[a]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection F, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
[b]
A legal description of the entire
tract and leased parcel (if applicable).
[c]
The setback distance between the
proposed tower and the nearest residential unit, platted residentially
zoned properties and unplatted residentially zoned properties.
[d]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[e]
A landscape plan showing specific
landscape materials, including species type, size, spacing and existing
vegetation to be removed or retained.
[f]
Method of fencing and finished
color and, if applicable, the method of camouflage.
[h]
A notarized statement by the applicant
as to whether construction of the tower will accommodate collocation
of additional antennas for future users.
[i]
Identification of the entities
providing the backhaul network for the tower(s) described in the application
and other cellular sites owned or operated by the applicant in the
township.
[j]
A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[k]
A description of the feasible locations
of future towers or antennas for the applicant within the Township
of Bethlehem, based upon existing physical, engineering, technological
or geographical limitations in the event that the proposed tower is
erected.
[l]
A visual study depicting where,
within a one-mile radius, any portion of the proposed tower could
be seen.
[m]
A letter of commitment to lease
excess space to other potential users at prevailing market rates and
conditions. The letter of commitment shall be in form suitable for
recording with the Hunterdon County Clerk prior to the issuance of
any permit and shall commit the tower owner(s), property owner(s)
and their successors in interest.
[n]
Documentary evidence regarding
the need for the tower, which information shall identify the existing
wireless network layout and existing coverage areas to demonstrate
the need for the new tower at a particular location within the township.
The evidence shall include a radio frequency engineering analysis
of the search area for the tower.
(2)
Factors considered in granting conditional use permits or variances for towers. In addition to any standards for consideration of conditional use permit applications pursuant to § 102-35 of this chapter, the approving authority shall consider the following factors in determining whether to grant a variance or to issue a conditional use permit:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures
and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography within a radius of five
miles.
(e)
Surrounding tree coverage and foliage within
a radius of five miles.
(f)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in Subsection F(4) of this section.
[Amended 10-19-2000 by Ord. No. 255-12-2-2000]
(i)
Availability of proposed tower to other potential
users.
(j)
All relevant criteria set forth by the New Jersey
Supreme Court in Smart SMR of New York, Inc. v. Borough of Fair Lawn
Board of Adjustment, _____ N.J. _____ (1998), including whether the
proposed tower is particularly suited for the proposed site.
(3)
Applicant to demonstrate efforts to site new
antennas; priority schedule.
[Added 10-19-2000 by Ord. No. 255-12-2-2000[2]]
(a)
The applicant shall demonstrate efforts to site
new wireless antennas, equipment or towers within the applicant's
search area according to the priority schedule below. Such demonstration
shall include the block and lot of any parcel for which the wireless
provider has attempted to secure a lease or purchase agreement and
copies of all correspondence by or between the wireless provider and
the property owner:
[Amended 4-21-2011 by Ord. No. 255.12.3.2011]
|
Priority
|
Zone
|
|---|---|
|
1
|
Municipally owned property
|
|
2
|
Antennas on existing structures in the AR Zone
|
|
3
|
Towers in the AR Zone
|
|
4
|
Antennas on existing structures in the HC, NC,
GC and ROM Zones
|
|
5
|
Towers in the HC, NC, GC and ROM Zones.
|
(b)
For applications for sites in priority area five in § 102-37.1F(3)(a) above, the applicant shall, in addition to the demonstrations required in § 102-37.1F(3)(a), submit a statement setting forth that the applicant examined at least two sites other than the site that is the subject of the application and the reasons said sites were not acceptable to the applicant.
[2]
Editor's Note: This ordinance also redesignated § 102-37.1F(3) through (10) as § 102-37.1F(4) through (11), respectively.
(4)
Availability of suitable existing towers, other
structures or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the approving authority that no existing tower structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the approving authority related to the availability
of suitable existing towers, stealth tower structures, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located
within the geographic area which meet the applicant's engineering
requirements.
(b)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(d)
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(5)
Setbacks. The following setback requirements
shall apply to all towers for which a variance or conditional use
permit is required:
(a)
Towers must be set back a distance equal to
at least 120% of the height of the tower from any adjoining lot line
and all nonappurtenant buildings.
(b)
Accessory buildings must satisfy the minimum
zoning district setback requirements.
(c)
No tower shall exist within required buffer
or conservation easement areas if adjacent to residential zones and
as prescribed under local ordinance.
(6)
Separation. The following separation requirements
shall apply to all towers and antennas for which a variance or conditional
use permit is required:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the
base of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[2]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
TABLE 1
|
|---|
|
Separation From Off-Site Uses/Designated
Areas
|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|---|---|
|
Base of tower to:
| |
|
Residential, buildings, public parks and buildings,
public or private schools, municipal buildings (unless the tower is
located on the site of the municipal building itself), libraries or
houses of worship and any site designated on the federal, state or
municipal historic register
|
500 feet or 300% of the height of the tower,
whichever is greater
|
|
Vacant residentially zoned land
|
500 feet or 300% of the height of the tower,
whichever is greater
|
|
Nonresidentially zoned lands or nonresidential
uses
|
At least 120% of the height of the tower from
any adjoining lot line and all nonappurtenant buildings
|
(b)
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown in Table 2.
|
TABLE 2
|
|---|
|
Separation Distances Between Towers -
Types
|
|
Lattice
(linear feet)
|
Monopole 100 feet or Greater in Height
(linear feet)
|
Monopole Less Than 100 feet in Height
(linear feet)
| |
|---|---|---|---|
|
Lattice
|
5,000
|
1,500
|
750
|
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
|
|
Monopole less than 100 feet
|
750
|
750
|
750
|
(7)
Security fencing. Towers shall be enclosed by
security fencing not less than eight feet in height and shall also
be equipped with appropriate anticlimbing measures.
(8)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a conditional
use permit is required:
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences or planned residences.
The standard buffer shall consist of a landscaped strip at least 10
feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
(10)
Lot size. In addition to the requirements of Subsection D(2), the minimum lot size for any new tower shall be as required by the zone district in which located.
(11)
General requirements. The following provisions
shall govern the issuance of conditional use permits or variances
for towers or antennas by the approving authority:
(a)
If the tower or antenna is not a permitted use under Subsection E of this section, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.
(b)
Applications for variances and conditional use permits under this subsection shall be subject to the procedures and requirements of Chapter 102, Land Use and Development, of the Township Code, except as modified in this section, or any other applicable township code, state and/or federal law.
(c)
In granting a conditional use permit or variance,
the approving authority may impose conditions to the extent that the
approving authority concludes such conditions are necessary to minimize
any adverse effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(e)
An applicant for a variance or conditional use
permit shall submit the information described in this subsection and
a nonrefundable application fee and an escrow deposit as follows:
|
Application Charge
|
Escrow Account
| ||
|---|---|---|---|
|
If no new tower is proposed
|
$1,000
|
plus
|
$2,000
|
|
If a new tower is proposed
|
$5,000
|
plus
|
$5,000
|
(f)
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna, is permitted as conditional use only in
the HC, NC, GC and ROM Zones.
(g)
No towers or antennas shall be permitted as conditional uses in residential or public use zone districts unless located upon property owned by the Township of Bethlehem and subject to the provisions of Subsection E(2).
(h)
The application fee and escrows shall be paid
as required herein.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops.
The equipment cabinet or structure used in association with antennas
shall comply with the following:
(a)
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
48 feet in height, the related unmanned equipment structure shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2)
For antennas located on towers, the related
unmanned equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height and shall
be located in accordance with the minimum accessory structure requirements
of the zoning district in which located.
(3)
Structures or cabinets shall be screened from
view of all properties which abut or are directly across the street
from the structure or cabinet by a security fence eight feet in height
or an evergreen hedge with an ultimate height of eight feet and a
planted height of at least six feet.
H.
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of six months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 calendar days of receipt of notice
from the Township of Bethlehem notifying the owner of such abandonment.
Failure to remove an abandoned antenna or tower within said 90 calendar
days shall be grounds for the township to require removal of the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower. The township may condition
the issuance of any permit to construct a tower or antenna on the
posting of an appropriate performance bond or other suitable guaranty
in a face amount of not less than 120% of the cost to remove the tower
and restore the property as determined by the Township Engineer, for
such construction as required under all applicable township ordinances.
I.
Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in Subsection E. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection H.
[Added 8-19-2010 by Ord. No. 255.55.2010]
B.
ADMINISTRATOR
BOARD
METEOROLOGICAL TOWER or MET TOWER
OWNER
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
(1)
(2)
(3)
(4)
SYSTEM HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Bethlehem Township Land Use Zoning Officer.
The Township of Bethlehem or other authority having jurisdiction.
A structure designed to support the gathering of wind energy
resource data, and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment anemometers and vanes, data logger,
instrument wiring, and any telemetry devices that are used to monitor
or transmit wind speed and wind flow characteristics over a period
of time for either instantaneous wind information or to characterize
the wind resource at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A wind energy system, consisting of a wind turbine, a tower
and associated control or conversion electronics, that:
Is used to generate electricity for on-site consumption;
Has a rated capacity consistent with applicable provisions of
the State Uniform Construction Code;
Is no higher than necessary to capture the wind energy resource,
but shall not have a system height in excess of 100 feet; and
Includes an automatic overspeed governing system.
In relation to a wind energy system, the height above grade
of the tower plus the wind generator from the ground to the tip of
a wind generator blade when the tip is at its highest point.
A monopole or lattice-type, freestanding, or guyed structure
that supports a wind generator.
A wind generator and all associated equipment, including
any base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components mounted on top of the tower needed
to generate, store and/or transfer energy.
C.
Standards. A single small wind energy system shall be a conditional
use in all zones subject to the following requirements:
(1)
Setbacks. A wind tower for a small wind energy system shall
be set back from the property lines a distance equal to 150% of the
total height of the small wind energy system. No wind energy system
shall be erected in the front yard of any lot. No portion of the wind
generator shall extend beyond the setback line or into the following:
(2)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
The tower shall be designed and installed so as not to provide
step bolts, a ladder, or other publicly accessible means of climbing
the tower, for a minimum height of eight feet above the ground.
(3)
Lighting. A small wind energy system shall not be artificially
lighted unless such lighting is required by the Federal Aviation Administration.
(4)
Appearance, color, and finish. The wind generator and the tower
shall remain painted or finished in the color or finish that was originally
applied by the manufacturer, unless a different color of finish is
approved in the zoning approval. Only a lattice tower will be permitted
for a small wind energy system to be installed along any ridgeline.
(5)
Signs. There shall be no signs that are visible from any public
road posted on a small wind generator system or any associated building,
except for the manufacturer's or installer's identification, appropriate
warning signs, or owner identification.
(6)
Utility notification and interconnection. Small wind energy
systems that connect to the electric utility shall comply with the
New Jersey's Net Metering and Interconnection Standards for Class
I Renewable Energy Systems at N.J.A.C. 14:4-9.
(7)
Met towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
(8)
Noise level. Except in extreme wind events or during utility
outages, the noise level of any small wind energy system shall not
exceed 65 dB(A), measured from any property line.
(9)
Landscaping. The applicant shall comply with the Township's landscaping requirements as set forth in § 102-23 of the Township's Land Development Ordinance.
(10)
Compliance. Small wind energy systems shall be built and conform
to any and all outside governmental agencies exercising jurisdiction,
including, but not limited to, the Federal Aviation Administration
and applicable airport zoning regulations.
D.
Permit requirements.
(1)
Permit. A zoning permit shall be required for the installation
of a small wind energy system.
(2)
Documents. The zoning permit application shall be accompanied
by a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimensions, and types of existing major structures
on the property;
(c)
Location of the proposed small wind energy system tower and the required setback, as required in Subsection C(1);
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
Any overhead utility lines;
(f)
Small wind energy system specifications, including manufacturer
and model, rotor diameter, tower height, and tower type (freestanding
or guyed);
(3)
Fees. The application for a zoning permit for a small wind energy
system must be accompanied by the fee required.
(4)
Expiration. A permit issued pursuant to this section shall expire
if:
(5)
Site plan. Site plan approval from the Planning Board shall
only be required for the installation of a small wind energy system
in excess of 25 feet in height.
E.
Abandonment.
(1)
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
(2)
The Administrator may issue a notice of abandonment to the owner
of a small wind energy system that is deemed to have been abandoned.
The notice shall be sent return receipt requested.
(3)
The owner shall have the right to respond to the notice of abandonment
within 30 days from the notice receipt date.
(4)
If the owner provides information that demonstrates the small
wind energy system has not been abandoned, the Administrator shall
withdraw the notice of abandonment and notify the owner that the notice
has been withdrawn.
(5)
If the Administrator determines that the small wind energy system
has been abandoned, the owner of the small wind energy system shall
remove same at the owner's sole expense within six months after the
owner receives the notice of abandonment.
F.
Zoning permit procedure.
(1)
An owner shall submit an application to the Administrator for
a zoning permit for a small wind energy system.
(3)
If the application is approved, the Administrator will return
one signed copy of the application with the zoning permit and retain
the other copy with the application.
(4)
If the application is rejected, the Administrator will notify
the applicant in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the Administrator's
decision pursuant to the appropriate appeals authority. The applicant
may reapply if the deficiencies specified by the Administrator are
resolved.
G.
Violations; exemption.
H.
Administration and enforcement.
(1)
This section shall be administered by the Administrator or other
official as designated.
(2)
The Administrator may enter any property for which a permit
has been issued under this section to conduct an inspection to determine
whether the conditions stated in the permit have been met.
(3)
The Administrator may issue orders to abate any violation of
this section.
(4)
The Administrator may issue a citation for any violation of
this section.
(5)
The Administrator may refer any violation of this section to
legal counsel for enforcement.
I.
Penalties.
(1)
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in the
chapter and section of the appropriate zoning code.
(2)
Nothing in this section shall be construed to prevent the Bethlehem
Township Board from using any other lawful means to enforce this section.
[Added 5-3-2012 by Ord. No. 255.55.2012]
A.
Purposes and goals.
(1)
Purpose. The purpose of this section is set forth as follows:
(a)
Whereas, the New Jersey Legislature has amended the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. ("MLUL") to permit solar energy
facilities in industrial zones on sites of 20 or more acres (N.J.S.A.
40:55D-66.11), to recognize solar or photovoltaic energy facilities
and structures as inherently beneficial uses (N.J.S.A. 40:55D-4),
and to require that solar panels, as defined in the MLUL, not be included
in calculation of impervious surface or impervious cover in subdivision,
site plan, and converted development applications, or in connection
with stormwater management plans (N.J.S.A. 40:55D-38.1, 40:55D-46.6,
40:55D-95);
(b)
Whereas, the New Jersey Legislature has also amended the Right
to Farm Act, N.J.S.A. 4:1C-1 et seq., and the Farmland Assessment
Act, N.J.S.A. 54:4-23.1 et seq., regarding solar energy and preserved
farmland, commercial farmland, and agricultural and horticultural
uses of land, including for taxation and farmland assessment purposes;
(c)
Whereas, the Farmland Assessment Act has been amended to permit
solar energy generation facilities, structures, and equipment to be
constructed or installed on no more than 10 acres of property subject
to farmland assessment and, if power is being generated, no more than
two MW of power generated on the 10 acres or less, provided the ratio
does not exceed one acre of land devoted to such facilities, structures,
and equipment to five acres of land devoted to agricultural or horticultural
operations (N.J.S.A. 54:4-23.3c);
(d)
Whereas, the Right to Farm Act permits solar energy generation
facilities, structures, and equipment on preserved farmland if they
do not interfere significantly with the use of the land for agricultural
or horticultural production, and generate no more than 110% of the
previous year's energy demand, with certain exceptions, or occupying
no more than 1% of the farm (N.J.S.A. 4:1C-32.4);
(e)
Whereas, grid-scale, multimegawatt-generating solar facilities
are extremely consumptive of land and as such are competitors with
agriculture for the use of prime agricultural soils;
(f)
Whereas, the useful life of solar panels is approximately 25
years; however, developers may require longer approval periods to
install and make use of upgraded solar technology;
(g)
Whereas, solar energy facilities create visual impacts on the
landscape which may significantly change the character and aesthetic
value of the surrounding area, especially in historic, scenic, or
mountainous locations;
(h)
Whereas, a continuous visual screen consisting of evergreen
and deciduous trees and shrubs and/or earthen berms and fencing which
will provide a visual barrier from solar energy facilities from adjacent
properties and roadways is necessary to mitigate the negative visual
impact of grid-scale solar-energy generating facilities;
(i)
Whereas, site plan considerations may be so intertwined with
the consideration of negative impacts arising from use variance applications
for solar energy facilities that the approving board cannot make accurate
findings without simultaneous site plan review;
(j)
Whereas, solar energy facilities are not exempt from assessment
of negative impacts and subsequent consideration of appropriate conditions
for mitigation or from satisfying both positive and negative criteria
when requesting "C" bulk variances; and
(k)
Whereas, forest resources are a vital natural resource which
provide for groundwater recharge and surface water filtration, wildlife
habitat, a source of renewable wood products, and scenic beauty, which
is a defining feature of Bethlehem Township.
(2)
Goals. The goals of this section are to:
(a)
Reflect legislation and rules created to facilitate the production
of alternative forms of energy.
(b)
Reduce potential land-use conflicts and impacts associated with
solar energy facilities.
(c)
Retain prime agricultural soils for agricultural use.
(d)
Protect forest, scenic and historic resources.
(e)
Differentiate between residential-scale, farm-scale, and utility-
or grid-scale solar energy facilities.
(f)
Provide standards for buffering and screening of solar energy
facilities.
(g)
Provide for proper decommissioning of a solar energy facility
after the useful life of the solar array.
B.
DEFORESTATION
FARM MANAGEMENT UNIT
FARM-SCALE SOLAR-ENERGY GENERATING FACILITY
FOREST
GRID-SCALE SOLAR-ENERGY GENERATING FACILITY
INDUSTRIAL
NEIGHBORING RESIDENTIAL PROPERTY
PRESERVED FARM SOLAR-ENERGY GENERATING FACILITY
RESIDENTIAL-SCALE SOLAR-ENERGY GENERATING FACILITY
SOLAR ENERGY FACILITY
SOLAR PANEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The conversion of forested areas to nonforested areas, whether
for use as urban land, or any other nonforest land use; disturbance
of an area characterized as "forest" the extent or effect of which
is to disqualify the area from such designation.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures,
and facilities, producing agricultural or horticultural products,
and operating as a single enterprise.
A ground-mounted solar energy facility that is rated to generate
no more than two megawatts (MW) of electricity, constitutes an accessory
use on farmland-assessed property, and does not exceed a ratio of
one acre of solar energy facility to five acres of agricultural production,
and occupies no more than 10 acres of total land area. Roof-mounted
solar energy facilities shall not contribute to the above-mentioned
ratio or the two-MW or ten-acre limitations.
A forested area as determined under the Highlands Water Protection
and Planning Act Rules at N.J.A.C. 7:38-3.9(b).
A solar-energy generating facility which is rated to produce
greater than two megawatts (two MW) of electricity and which constitutes
a principal use on the property.
Of, relating to, concerning, or arising from the assembling,
fabrication, finishing, manufacturing, packaging, or processing of
goods. This does not include recycling operations or quarrying operations
or reclamation.
Properties that abut the subject site, properties located
directly across the street from the subject site, or, in the case
of hillsides or mountainsides overlooking the subject site, properties
within 500 feet of the subject site.
A ground-mounted solar-energy generating facility which constitutes
an accessory use on a preserved farm and which shall be permitted
at a scale not to exceed 110% of the previous year's energy demand
for the farm management unit or 1% of the total acreage of the farm
management unit, whichever is greater. In no case shall a facility
be rated to generate more than two megawatts (two MW) of electricity.
Roof-mounted solar energy facilities on existing structures shall
not contribute to the maximum electricity production of 110% or the
two-MW maximum or one-percent area limitation.
A solar energy facility that is rated to generate no more
than 110% of the historical energy use from the previous year of the
meter connected to the solar energy system and which constitutes an
accessory use to a principal residential use.
A solar or photovoltaic energy facility or structure, and
all associated equipment, for the purpose of generating electrical
energy or heat or hot water produced from solar or photovoltaic technologies,
other than solar reflective or concentrating technology, whether such
facility or structure is a principal use, a part of the principal
use, a conditional use, or an accessory use or structure.
An elevated panel or plate, or a canopy or array thereof,
or solar collector that captures and converts solar radiation to produce
electrical energy or hot water, and includes flat plate, or photovoltaic
solar cells, excluding solar reflective or concentrating technology.
C.
General requirements. The following general requirements shall apply
to solar energy facilities, regardless of whether they are accessory,
conditional, or principal uses:
(1)
Solar energy facilities shall be permitted to be ground mounted
with certain limitations and mounted to the roof of principal and
accessory structures and buildings only where expressly permitted
in each zoning district.
(2)
For the purposes of this section, a solar energy facility shall
mean the aggregate of all solar energy facilities constructed on a
site or on a farm management unit.
(3)
Solar energy facilities utilizing concentrating solar or reflective
solar technologies are prohibited.
(4)
Ground-mounted solar energy facilities which are accessory uses
shall not exceed an area of 12,000 square feet.
(5)
Ground-mounted solar energy facilities which are principal uses
shall not exceed fifty-percent lot coverage.
(6)
A solar energy facility which exceeds any of the following provisions
shall be considered a principal use:
(7)
All roof-mounted solar energy facilities shall be accessory
uses.
(8)
Solar energy facilities shall not be counted in the calculation
of maximum lot coverage or maximum impervious cover, unless the area
under the facility (excluding the footings) consists of an impervious
material, such as pavement. Nevertheless, the design of the systems
shall comply with all Township stormwater, grading, and soil disturbance
regulations.
(9)
Ground-mounted solar energy facilities contained within an area
of 2,000 square feet (including the aggregate area of multiple systems)
to 10 acres shall require minor site plan approval prior to obtaining
a zoning permit; smaller systems shall not require site plan approval.
Systems greater than 10 acres in size shall require preliminary and
final site plan approval prior to obtaining a zoning permit. The Planning
Board, or site plan subcommittee of the board appointed by the chairman,
may waive the requirement for minor site plan approval, provided the
proposed facility is reasonable and within the general purpose and
intent of the regulations and standards established by this chapter.
(10)
Ground-mounted solar energy facilities greater than 2,000 square
feet shall provide one or more of the following beneath the structures:
meadow grasses, agricultural area for crops or grazing farm animals,
or other stabilization methods approved by the Planning Board.
(11)
Site disturbance, including but not limited to, grading, soil
removal, excavation, and soil compaction, in connection with installation
of solar energy facilities, including ground-mounted systems, shall
be minimized to the extent practicable.
(12)
Where the site is intended to return to agricultural use after
the decommissioning of the solar facility, no cut and fill of soil
shall be permitted to construct the solar facility.
(13)
Mounting of ground-mounted solar energy facilities shall be
accomplished without the use of footings, concrete, or other impervious
surfaces to the extent practicable.
(14)
Roadways constructed within the site to access a solar energy
facility shall not be constructed of impervious materials and shall
be designed to minimize the extent of roadways constructed and associated
soil compaction.
(15)
Forest sites shall not be deforested to construct solar energy
facilities.
(16)
Applicants are encouraged to enter into solar easements with
neighboring property owners in order to ensure continuing access to
sunlight for solar energy facilities.
(17)
All electrical and control equipment shall be labeled and secured
to prevent unauthorized access.
(18)
There shall be no signs that are visible from any public road
posted on a solar energy facility or any associated building or structure,
other than the manufacturer's or installer's identification, appropriate
warning signs, or owner/operator identification.
(19)
Noise generated by any portion of the solar energy facility,
including inverters, shall not exceed 55 dBA during the day and 40
dBA at night at the property line and shall not be audible within
nearby public or private schools, houses of worship, day-care facilities,
or residential dwellings.
(21)
A solar energy facility that is out of service for a continuous
twelve-month period will be deemed to have been abandoned.
(a)
The Township may issue a notice of abandonment to the owner
of a solar energy facility that is deemed to have been abandoned.
The notice shall be sent certified mail, return receipt requested.
(b)
The owner shall have the right to respond to the notice of abandonment
within 30 days from notice receipt date.
(c)
If the owner provides information that demonstrates the solar
energy facility has not been abandoned, the Township shall withdraw
the notice of abandonment and notify the owner that the notice has
been withdrawn.
(d)
If the Township determines that the solar energy facility has
been abandoned, the owner shall remove the facility, including all
solar panels, inverters, interconnection hardware, substations, racking
or mounting structures, fencing, and all other structures and equipment,
at the owner's sole expense within six months after the owner receives
the notice of abandonment.
(22)
Where site plan approval is required, in addition to those items
required for an application to be deemed complete, a site plan application
shall depict the following:
(a)
Location of proposed and existing overhead and underground utility
and transmission lines.
(b)
Location of any proposed or existing substation, inverter, transformer
or equipment enclosures.
(c)
Description of any necessary upgrades or modifications to existing
substations or the necessity for a new substation.
(d)
Description of how the energy generated by the facility will
be connected to the electrical distribution or transmission system
or the electrical system of the intended energy user.
(e)
For solar energy facilities over two MW, the location and elevations
of all transmission lines, support structures and attachments to a
substation(s).
(f)
Location of existing hedgerows and vegetated windbreaks.
(g)
Landscape maintenance plan that demonstrates how the ground
cover and screening plantings will be maintained.
(h)
Decommissioning plan documenting how the property will be restored
once the solar energy facility has been removed and an estimate of
the cost of decommissioning.
(i)
Major site plan applications shall include an acoustical analysis.
(j)
Major site plan applications for solar energy facilities over
two MW shall include documentation detailing the available capacity
of the existing electric infrastructure in the region and the effect
the proposed facility will have thereon.
(k)
For projects over two MW, interconnection agreement with the
regional electricity transmission organization, PJM.
D.
Principal use requirements. The following requirements shall apply
to solar energy facilities where they are permitted or conditional
principal uses:
(1)
Minimum lot size shall be 20 contiguous acres.
(2)
The following setbacks shall apply to ground-mounted systems:
(a)
Front yard: 100 feet.
(b)
Side yard: 100 feet, or not less than 200 feet where a lot abuts
a residential district.
(c)
Rear yard: 50 feet, or not less than 100 feet where a lot abuts
a residential district.
(d)
Substations and inverters shall be set back a minimum distance
to achieve no discernable difference from existing noise levels at
the property line.
(3)
The following minimum screening requirements shall be met. However,
notwithstanding the minimum requirements, the applicant shall demonstrate,
to the satisfaction of the Planning Board, that the proposed screening
provides a year-round visual screen of the facility from neighboring
residential properties.
(4)
The proposed solar energy facility shall comply with the buffer requirements in § 102-23L and be designed to comply with the industrial standards in Table 7 therein.
(5)
Substations and other associated transmission structures shall
be screened with a double row of evergreen plantings with a minimum
height of eight feet.
(6)
Existing hedgerows or vegetated windbreaks that provide screening
of the subject site from neighboring properties shall be retained
and augmented unless waived by the Planning Board.
(7)
Fencing shall be required at a height of six feet on nonresidential
properties where deemed by the Planning Board to be necessary for
health, safety or welfare.
(8)
Ground-mounted systems shall not be located in wetlands, floodplains,
riparian areas, historic districts, or scenic viewshed corridors and
shall be subject to all New Jersey Department of Environmental Protection
regulations and permitting.
(9)
Grid-scale solar energy facilities shall not be located on properties
with greater than eighty-five-percent prime agricultural soils with
the exception of properties in the ROM and MFG zoning districts.
(10)
No site may be deforested to construct a grid-scale solar-energy
generating facility.
E.
Accessory use requirements. The following requirements shall apply
to solar energy facility accessory uses whether they are residential-scale,
farm-scale solar energy facilities or accessory to commercial uses:
(1)
A zoning permit must be issued for all systems.
(2)
Roof-mounted systems shall not exceed the maximum building height
in the zone district.
(3)
Ground-mounted systems shall meet the side and rear yard setback
standards for accessory structures in the zone in which the structure
is located.
(4)
Ground-mounted systems contained within an area of 2,000 square
feet or greater shall be screened from public rights-of-way and neighboring
residential uses. A solid screen of plantings shall be provided along
rights-of-way and plantings, or a solid fence shall be provided along
property lines shared with a residential zone district. The minimum
height of the screening shall be five feet. Existing vegetation shall
be retained to the extent practical.
(5)
For single-family residential sites that contain forest resources
as defined by the Highlands Water Protection and Planning Act Rules,[1] deforestation is limited to square footage of solar panels
that will provide a maximum of 110% of the previous year's energy
demand for the residence and accessory structures. Clearing of trees
shall not extend past the one-hundred-ten-percent limitation to eliminate
shadow fall on the solar energy facility.
[1]
Editor's Note: See N.J.A.C. 7:38.
F.
Farm-scale solar energy facilities. These conditions relate to farm-scale
solar applications whether they are nonpreserved farms or preserved
farms.
(1)
On nonpreserved, farmland-assessed farms, ground-mounted facilities
shall be permitted on a farm management unit, provided the area of
solar energy facility does not exceed a ratio of one acre devoted
to the solar facility to five acres devoted to agriculture or horticultural
operations (approximately 17%). A maximum of 10 acres may be devoted
to the solar energy facility on a farm management unit. This area
shall be calculated including required roadways and buffers. In no
case shall a facility be rated to generate more than two MW of electricity.
(2)
A solar energy facility on a preserved farm shall be permitted
at a scale of energy production not to exceed 110% of the previous
year's energy demand for the farm management unit or occupying no
more than 1% of the total acreage of the farm management unit, whichever
is greater. In no case shall a facility be rated to generate more
than two MW of electricity.
(3)
Ground-mounted farm-scale facilities which are to be located
as accessory uses on an agriculturally assessed farm or preserved
farm shall be placed as far from public rights-of-way and viewsheds
in the most visually remote areas as possible.
(4)
Deforestation for purposes of installing a ground-mounted farm-scale
solar-energy generating facility as an accessory use on a site containing
forest as defined by the Highlands Water Protection and Planning Act
Rules[2] and which site has an approved woodland management plan
and is eligible for farmland assessment may not exceed 10% of the
site. Such deforestation is permitted only if a ratio of one acre
devoted to solar energy facility to five acres of managed woodland
is maintained, and a maximum of 10 acres is deforested, including
all areas cleared for the facility, support roads, and structures
and for lands cleared to eliminate shadow fall on the facility.
[2]
Editor's Note: See N.J.A.C. 7:38.
(5)
All farm-scale solar-energy generating facilities shall comply
with all agricultural management practice rules for solar energy generation
established by the State Agricultural Development Committee (SADC).
(6)
In no case shall such facilities be located closer than 300
feet to any residential improvement on an adjacent lot.
(7)
The solar energy facility location shall avoid prime agricultural
soils.
[Added 12-20-2012 by Ord. No. 411.2012]
A.
Purpose. It is the intent of this section to license and regulate
resource extraction uses for the protection of persons and property
and for the preservation of the public health, safety and welfare
of the Township of Bethlehem and its inhabitants and to ensure that
quarrying operations and reclamation operations shall be conducted
in such a manner as to create a minimum of annoyance from noise and
dust to nearby property owners or occupants of property, provide for
the safety of persons, particularly children and, further, to ensure
that the quarried area shall be suitable and reasonably restored to
accommodate any of the permitted uses in the zone after quarrying
operations have been completed or otherwise terminated.
B.
Approvals, permits and licenses required.
(1)
In the MR Mountain Residential zoning district no sand, gravel,
rock, earth, minerals, clay or other burden shall be moved or extracted
until a conditional use approval and site plan approval is granted
from the Township of Bethlehem Planning Board and any licenses required
by this or any other ordinance of the Township of Bethlehem. Application
for conditional use and site plan approval for resource extraction
shall be made to the Bethlehem Township Planning Board in addition
to any requirements as hereinafter set in this chapter.
(2)
License required. An application for a quarry license shall
be made to the Bethlehem Township Committee after the Bethlehem Township
Planning Board or Zoning Board of Adjustment has granted a conditional
use approval and site plan approval. The memorialized resolution of
approval shall accompany the application for a license.
(a)
The license shall be valid for a period of three years.
(3)
Building permit required. A building permit shall be required
after the approval for site plan and conditional use is memorialized
and after the Township Committee has issued a license for the operation
of a quarry. A new permit shall be required after each subsequent
renewal of the quarry license.
C.
ABANDONED QUARRY SITE
(1)
(a)
(b)
ACTIVE QUARRY SITE
BERM
BOTTOM OF EXCAVATION
CASUAL USE
CONTIGUOUS LANDS
DISTURBED LAND
EARTH EXTRACTION
EXCAVATIONS or WORKINGS
FACE or BANK
INACTIVE QUARRY SITE
MINE
MINE SETBACK
MINING OPERATIONS
OPERATOR
OVERBURDEN
PERMIT AREA
PIT or QUARRY
RECLAMATION
RECLAMATION PLAN
WET PIT
Definitions. The following definitions shall apply to resource extraction:
Abandoned uses/termination of operations. Operations should
be considered to have been abandoned if:
The operator does not demonstrate his intention to resume operations
and keep his bond in force more than one year after operations have
ceased in a given site. A new permit would be required prior to further
excavation or processing if this occurs.
Within a period of six months, unless extended by written permission
by the Bethlehem Planning Board, after notice of the termination by
the operator of an extraction operation or after the abandonment of
such operation due to its failure to operate according to ordinance
standards and requirements, all unused structures, buildings, and
equipment along with all buildings, structures and equipment presently
used in such operation, shall be dismantled and removed by and at
the expense of the operator last operating such buildings, structures
and equipment, except such buildings, structures and equipment need
not be dismantled and removed as long as they are in good repair and
they may reasonably be expected to be used for continued land mining
operations or for some other purpose permitted in the zone in which
they are located. Further specific steps necessary to complete the
reclamation plan shall be undertaken.
A mining operation where land is being disturbed in preparation
for and during the removal of a mineral material, not including casual
use as defined herein.
A pile or mound of earth capable of acting as a visual screen
or used to control drainage or erosion.
The generally flat area at the lowest level adjacent to the
face of the pit; also commonly known as "toe of slopes."
The temporary use of lands for geological investigations
(test drilling, sampling, etc.) which do not involve either any significant
surface disturbance or site preparation.
Lands shall be considered contiguous to each other if they
abut each other, or if they are separated by streets, ways, pipelines,
electric power lines, conduits or rights-of-way, owned or controlled
by third parties.
Land on which clearing has occurred, excavation has occurred
or upon which overburden has been deposited, or both.
The removal of sand, topsoil, gravel, fill dirt or mineral
or clay products for sale or use at another site, but not including
agricultural operations or the process of grading a lot preparatory
to the construction of a structure for which application for a building
permit has been made.
Shafts, tunnels, entries, winzes, slopes, open cut and any
working places and parts of a mine, either above ground or underground,
excavated or being excavated, whether abandoned or in use.
The sides from the bottom or floor of a pit or quarry to
the surface surrounding the pit. Where one or more benches or levels
are used in a pit, each bench or level has a separate face.
A mining or quarrying operation where land is not currently
being disturbed in preparation for resource extraction, but where
intent to abandon the quarry operation is not clearly established.
Inactive quarry sites shall make application to the Planning Board
for conditional use and site plan approval and apply to the Township
Committee for a resource extraction license before commencing resource
extraction activities or reclamation activities on site.
Any mines within the Township, whether on the surface or
underground, and any mining plant, material, equipment or explosives
on the surface or underground which may contribute to the mining or
handling of ore or other metalliferous or nonmetalliferous products.
The term "mine" shall also include quarry, sand pit, gravel pit, clay
pit and shale pit.
The distance from the bottom of excavation in the case of
a dry pit and the normal seasonal high-water line in the case of a
wet pit, to a referenced line (i.e., property line, zoning line, right-of-way
line) when measured at right angles to the referenced line.
Earth extraction, excavations, workings, production, processing,
stockpiling, loading and all other functions and accessory uses necessary
and related to the proper operation of a mine.
Individual, partnership, firm, association, trust or corporation
responsible for the general operation, management and condition of
the facility located at the mining site in question, for which a permit
is applied for or granted for any activity covered by this section.
Soil material of any nature (including topsoil), consolidated
or unconsolidated, that overlies a mineral deposit of useful materials
or ores that are to be mined.
The specific land proposed to be used for mining operations,
including required buffers and setbacks, reclamation areas and related
plant facilities.
Includes any excavation, pit, bank or open cut working for
the extraction of stone, rock, gravel, sand or any other mineral and
shall embrace any and all parts of the property of such quarry or
open pit mine that contribute directly or indirectly to the extraction
of such mineral.
The restoration of an area of land (to include filling, grading,
topsoiling, revegetation, equipment removal, etc.) such that the land
is made useful for some future use as permitted in the MR zone at
the time of the approval of the reclamation plan.
A reclamation plan is a concept plan approved by the Township
Planning Board as part of site plan approval for reclamation of the
area of land affected by quarrying operations. The reclamation plan
shall include an overall plan for the reclamation of the site in order
to provide a realistic opportunity to utilize the site for any of
the permitted uses in the zone and shall provide a phase plan and
bond estimate for the duration of the resource extraction license.
The reclamation plan shall include land use objectives, specifications
for grading, manner and type of vegetation, such safety devices as
shall be used at the site and such maps and other supporting documents
as may be required by the Planning Board; said plan shall be prepared
by a licensed professional engineer and land surveyor licensed in
the State of New Jersey unless otherwise provided by statute.
An excavation in which the bottom is normally wet and the
bottom of which is at or below the normal seasonal high-water table.
D.
Requirements for conditional use and site plan approval. Applications
for conditional use for mining/extraction use shall be made to the
Bethlehem Planning Board.
(1)
Submission requirements in addition to site plan requirements.
(a)
The name, address and phone number of the applicant, the lessee,
the mining operator and the property owner. In case of a lease agreement
between the landowner and mining operator, the application shall be
accompanied by the written consent of the landowner granting the municipality
the right of access to make inspections to ensure compliance during
periods of operation and to perform all necessary reclamation of bonded
property in the event of forfeiture of the bond.
(b)
The name and phone number of the person responsible for the
daily operation of the mining facility, who has the authority to act
as agent for the operator.
(c)
Brief description of the proposed use.
(d)
Interest of applicant if other than owner.
(e)
An aerial photograph at a scale of one inch equals 200 feet
which accurately reflects the conditions of the site at the time of
application with the permit area delineated.
(2)
Existing conditions site plan.
(a)
A plan prepared at an appropriate scale of one inch equals 100
feet which shall clearly show conditions on the site at the time of
application and shall include the following details:
[1]
The perimeter metes and bounds data of the proposed
permit area, based on physical features, scaled directions and scaled
distances to the nearest 10 feet.
[2]
A key map showing the entire tract and its relation
to the surrounding areas, at a scale of one inch equals not more than
2,000 feet.
[3]
All contour information shall refer to a known
datum and be based upon a current and accepted field survey with intervals
of two feet where slopes are from less than 2% to 15% and with intervals
of five feet where slopes exceed 15%. Existing contours shall be shown
as a dashed line; finished grade shall be shown as a solid line. Slopes
of 15% or more shall be shaded.
[4]
Roads or streets within 200 feet of the site showing
name, right-of-way width, pavement width and pavement type and any
available traffic count data.
[5]
Primary and emergency routes of access to the site
from dedicated Township or county roads showing ownership, pavement
width and type, and any easements, if existing.
[6]
Any and all easements through or adjacent to the
site identifying the width and nature (i.e., electric, drainage, etc.).
[7]
Natural land features such as watercourses, drainageways,
swamps and wooded areas, as well as any easements, if existing.
[8]
Man-made features, such as buildings, equipment
structures, dams, dikes and impoundments of water.
[10]
Soil type classifications plotted on the plan
as determined from the County Soil Survey Report prepared by the United
States Department of Agriculture, Soil Conservation Service.
(b)
A comprehensive plan which shall show the entire tract (tax
parcel) of land with the permit portion delineated, and all adjacent
tracts of land owned by the same or related owner. The plan may be
prepared at an appropriate scale to enable all tracts to be shown
on a single sheet. The following data shall be indicated:
[1]
The Municipal Tax Map block and lot numbers and
acreage of all parcels.
[2]
All other parcels within 200 feet of that parcel
of which the proposed permit area is a portion indicating block, lot,
owner's name and acreage as determined from most recent municipal
tax records.
[3]
Present land uses of all parcels shown (i.e., vacant,
farmland, dwelling, etc.) and general locations of all existing mining
facilities on the owner's or adjacent parcels indicating type of facility
(i.e., pits, stockpiles, plants and equipment, etc.).
[4]
Previously approved permits, existing variances,
and easements.
(c)
Soil and groundwater results from soil borings within the permit
area at a minimum depth of 10 feet or groundwater, whichever is greater,
showing date of boring, depth to groundwater, direction of groundwater
flow and log of general soil types encountered. The number and distribution
of soil borings to be conducted shall be determined by the Township
Engineer based on site-specific conditions.
(d)
Water and sediment test to establish quality.
(3)
Operational plan.
(a)
Purpose. The purpose of an operational plan is to provide the
municipality the opportunity to ensure that the operation of a resource
extraction facility will conform with the environmental performance
standards and the reclamation plan as are required within this section.
(b)
A plan prepared at an appropriate scale of no less than one
inch equals 100 feet utilizing existing contours and topography and
in addition shall show the following details:
[1]
Processing with intended uses.
[2]
Specific areas to be excavated, including proposed
depth of excavation.
[3]
Proposed location of principal service or processing
buildings, equipment and enclosures.
[4]
Phasing of operations showing areas involved serially
numbered and projected timetable. This phasing plan and corresponding
bond estimate shall be submitted with the application for or renewal
of a quarry license indicating the extent of quarrying and reclamation
to be conducted during the interval of the license.
[5]
Access roads to processing and mining areas indicating
type surface, traffic patterns and volumes, and nature of each.
[6]
Location of screening berms, overburden storage,
and topsoil stockpiles with notes provided indicating when they will
be used as reclamation material and temporary treatment to prevent
erosion.
[7]
Fences and gates, including their type of construction.
[8]
Site drainage features indicating flow directions.
(c)
An operational statement which shall clearly describe the intended
general method and sequence of the operation and shall include, but
not be limited to, the following:
[1]
The approximate date of commencement of the excavation
and the duration of the operation.
[2]
Proposed hours and days of operation.
[3]
Estimated type volume and final depth.
[4]
Method of extracting and processing, including
the disposition of overburden or with a detailed blasting plan approved
by the Township Engineer.
[5]
Equipment proposed to be used in the operation
of the excavation.
[6]
A description of the sequence of the operation indicating, for the serially numbered areas in § 102-37.4D(3)(b)[4], the approximate starting dates, phasing, timing and duration.
(d)
A preliminary environmental assessment based on existing data
which shall include an analysis of the impact of the proposed operation
and measures taken to minimize any adverse impacts, in terms of the
following conditions:
[1]
Physical characteristics, including air quality,
hydrology, groundwater, surface water topography and slope, drainage,
vegetation, and soil erosion with water and sediment testing.
[2]
Wildlife, including fish and aquatic organisms,
wild animals, threatened and endangered species.
[3]
Where the proposed quarrying operations involve
any stream encroachment or stream crossing, wetlands disturbance or
dewatering activities, the applicant shall submit a written approval
or waiver of such encroachment, crossing, and/or disturbance by the
New Jersey Department of Environmental Protection.
[4]
Man-made conditions, including sanitary and storm
sewer systems, noise characteristics and levels, traffic volume, land
use and aesthetics; and impact to adjacent water supply.
[5]
Community character, including cultural and historic
resources, particularly archaeological significance.
[6]
A listing and evaluation of adverse environmental
impacts which cannot be avoided.
[7]
A thorough description of the steps to be taken
to minimize adverse environmental impact before, during, and after
construction of the development both at the construction site and
surrounding region affected thereby.
(e)
A premining and post-mining inspection report that includes
the following:
[1]
Inspection of off-site structures and facilities
within 200 feet of the permit area of proposed mining prior to and
at the completion of all mining activities, including but not limited
to blasting, excavation, etc.
[2]
The report shall include color photographs, date/time
of inspection, name of inspector and the pre-/post-mining condition
of the structure/facility.
[3]
The mining operator shall obtain permission from
adjacent owners to access properties and inspect existing structures/facilities.
Proof of permission shall be provided to the Township.
(4)
Reclamation plan.
(a)
Purpose. The purpose of a reclamation plan is to provide the
applicant for an extraction operation the opportunity to illustrate
and describe the general methods and staging that will be undertaken
to preserve the natural resources of the remaining areas of the site
for some future development, as required by this section.
(b)
A sketch plan prepared at an appropriate scale of one inch equals
100 feet which shall show the following details:
[1]
Planned final land grades of the disturbed areas
with intervals of two feet where slopes are from less than 2% to 15%
and with intervals of five feet where slopes exceed 15%. Existing
contours shall be shown as a dashed line; finished grade shall be
shown as a solid line. Slopes of 15% or more shall be shaded.
[2]
Location and type of existing vegetation associations
to remain undisturbed (such as mature wooded areas, successional areas,
meadows, etc.).
[3]
Estimated final depth of excavation.
[4]
Location and nature of existing and proposed surface
water features (i.e., lakes, ponds, streams, etc.) and their connections
to streams or drainageways.
[5]
Permanent buildings, structures or equipment to
remain.
[6]
Proposed typical landscaping plan indicating type,
quantity, and size of plantings.
[7]
A statement of alternatives to the proposed development
which might avoid some or all of the adverse environmental effects.
[8]
Location and nature of any areas to be filled with
overburden, including all soil material which overlies the resource
to be extracted.
[9]
Roads to remain, with nature and condition of each.
[10]
Permanent soil erosion and sedimentation control
facilities or structures.
[11]
A delineation of the phasing of areas (indicated
by letters or numbers) showing the extent of each phase. The phasing
plan shall correspond to the license interval.
[12]
A bond estimate for the phase plan which will
be satisfactory to the Township Engineer and which form is approved
by the Township Attorney.
[13]
A performance bond corresponding to the active
phase plan shall be posted and shall remain in effect during the interval
of the resource extraction license. Upon renewal of the license an
updated phase plan, bond estimate and performance bond shall be submitted
for review and approval by the Township Engineer and Attorney.
(c)
A reclamation statement which shall clearly describe the methods
of accomplishment, phasing and staging sequence and shall include
but not be limited to the following:
[1]
Description of the planned phasing indicating areas
to be reclaimed and sequence and staging. This should be related to
the operational plan and should clearly indicate that state of reclamation
to be accomplished during the interval of the resource extraction
license.
[2]
Methods to be used to stabilize slopes or excavated
areas.
[3]
Analysis of stability of filled areas and methods
to be utilized for stabilization, if necessary, to prevent "quicksand"
or caving conditions.
[4]
Methods planned to prevent stagnation and pollution.
[5]
Methods used to prevent soil erosion and sedimentation
runoff.
[6]
Analysis of existing and cover soil and methods
used to establish vegetation (i.e., fertilization, planting period,
etc.).
[7]
Method of disposing of any equipment or structures
used in the mining operation upon completion.
[8]
Description of the degree of flexibility considered
to be needed in execution of the plan.
[9]
Vegetative management plan describing methods to
ensure satisfactory vegetative cover, establishment of proper growth,
and steps to be taken to remedy unsuccessful plantings.
[10]
Escrow account maintained for inspections: $3,500.
[11]
On-site toilet facilities for reclamation workers.
[12]
Soil erosion and sediment control plan implemented
before reclamations.
[13]
Before introducing any new fill sources on the
property, the quarry must provide written notice to the Township Engineer,
with a copy to the Township Clerk, detailing the source for the new
soil or fill material and soil/fill testing data for same. This data
must set forth the quality of the soil/fill and the testing parameters
used to analyze same. Said notice must also identify the anticipated
time period for the soil/fill to be transported and spread on the
property. The notice must include a sketch of the area proposed to
be filled and describe the methodology for the work to be done. The
notice shall detail the traffic route to be followed by the trucks
transporting the soil/material. The operator must also provide copies
of any other written notifications due and owing to other governmental
agencies that may exercise jurisdiction over the operation.
[14]
After sending written notice as detailed above
and before any reclamation work can commence, representatives for
the quarry operation and the Township Engineer must perform a site
inspection, and the Township Engineer must issue a written approval
allowing the new source of fill to be utilized and for work to commence.
[15]
Forty-eight-hour notification via e-mail to the
Township Engineer to be present for inspections and delivery of fill;
written approval must be issued by the Township Engineer prior to
commencement of work.
[16]
Hunterdon County soil conservation approval required;
permits and approvals from NJDEP; all other approvals or permits from
all agencies or boards having jurisdiction.
[17]
Reclamation hours of operation 9.5 hours per day
no earlier than 7:00 a.m., ending no later than 4:30 p.m. Monday through
Saturday. No Sunday operations except emergency repairs. Clerical
and administrative hours may extend until 6:00 p.m.
[18]
No construction storage other than equipment and
devices used in reclamation operations.
[19]
Maximum number of trucks per day 125. Flag man
must be present at property entrance.
[20]
Truck wash station provided at entrances to ensure
roadways remain clean and clear of debris and soils.
[22]
Water bodies to be drained shall have sediment
and water quality investigated.
[23]
Warning signs posted every 200 feet around the
perimeter of the site and/or fencing is required.
[24]
Elevation benchmarks shall be installed at excavated
areas to be filled.
[25]
Threatened and endangered species investigation
must be provided prior to commencement of reclamation.
[26]
No discernible noise above daytime permissible
decibel limits shall be permitted at the property line.
[27]
Proof that real estate taxes and assessments have
been paid.
[28]
Stormwater management report required.
[29]
Every effort to prevent dust and debris from blowing
on neighbor property shall be made to the extent practical.
[30]
All watercourses within the property shall remain
free from accumulation of debris and siltation.
[31]
Escorted access to the property shall be granted
to the Township, consultants and employees upon 24 hours' notice.
[32]
Upon application for renewal of a license, as-of-record
drawings indicating extent of current reclamation shall be submitted
for review.
(5)
Future land use plan.
(a)
Purpose. The purpose of the future land use plan is to ensure
the municipality that the remaining reclaimed land after the conclusion
of the extraction operation would be usable for future development
opportunities pursuant to the permitted uses in the zone.
(b)
The reclaimed site shall be analyzed (by plan, statement, or
combination of both) as to its suitability for future development
uses based on the following criteria:
[1]
Physical topography.
[2]
Best uses of water features, if permanent water
bodies are provided, for water-related activities.
[3]
Compatibility with contiguous land uses.
[4]
Traffic circulation and transportation.
[5]
Suitability of soils for development and storm
drainage.
[6]
Suitability of soils for agricultural or horticultural
uses.
[7]
Suitability for development in accordance with
sound engineering and planning practices.
[8]
Municipal Master Plan and land use plan consistency
with Municipal Master Plan and zoning policies.
[9]
Local, state and federal development plans and
regulations (i.e., Highlands Council, NJDEP, the Master Plan, and
general regulations of the Township of Bethlehem).
(c)
A plan shall be a conceptual plan at an appropriate scale of
one inch equals 100 feet utilizing the final land form from the reclamation
plan as base data. The purpose is to show that the final land form
portrayed has a viable land use or uses as permitted in the zone,
each demonstrating that developed areas are accessible by roads and
that physical attributes of the final land form are compatible with
potential future use or uses. In addition to the base data, the plan
shall show the following details, if applicable:
E.
Design and performance standards.
(1)
General standards.
(a)
Plan preparation. Plans shall be prepared, signed, and sealed
by a licensed engineer, surveyor, land planner, or landscape architect,
as provided for by law, and in accordance with applicable statutes
thereto.
(b)
Drawing sizes. All plans shall be clearly and legibly drawn
and shall be submitted on the following standard sheet sizes: 30 inches
by 42 inches.
(2)
Standards relating to mining operations.
(a)
Size of tract. Any tract of land to be used for a land mining
operation shall be at least 50 acres in size unless it is contiguous
to lands in the same ownership or leasehold interest used for an active
land mining operation at the date of application for a permit, in
which case, the coordination of rehabilitation plans between the new
and existing uses will be required.
(b)
Setbacks.
[1]
Earth extraction activities shall not be conducted
at or below the surface closer than 500 feet to:
[a]
The boundary of any zone where such operations
are not permitted;
[b]
The boundary of an adjoining property line unless
such adjoining property is in the same ownership or leasehold interest
as the permit property, and an appropriate easement or deed restriction
is provided such that the setbacks required by this section are not
violated if the adjoining property is conveyed or separated from the
permit property;
[c]
The edge of the right-of-way of any dedicated street,
road, highway or water body. If the Planning Board determines that
such setback areas are not suitable for future permitted development
due to environmental constraints of the site (such as areas subject
to flooding, severe limitations for an on-site sewage disposal system,
topography, etc.) or when a more desirable layout for the future land
use plan can be achieved, the setback may be reduced to that deemed
necessary by the Planning Board, provided that an average setback
of 500 feet is maintained, but in no case shall such a setback be
reduced to less than 300 feet.
[2]
Buildings or structures actively used in the mining
or subsequent production and/or processing operations shall not be
located closer than 250 feet to a public right-of-way or adjoining
property lines.
(c)
Buffer zones and fencing. On the property covered by the setback
requirements above, there shall be maintained within this setback
undisturbed buffer zones of natural foliage, trees, or other like
plantings of at least 150 feet in width, and such zones are to be
specifically shown on the plans with a complete description of the
type of natural cover contained thereon. The Planning Board may require,
in its discretion, additional screening such as additional vegetative
cover, landscaped earth mounds or dense evergreen plantings, if necessary,
to properly screen or buffer the operation from surrounding uses.
The perimeter of the area currently being mined shall be enclosed
by a six-foot-high chain link fence.
(d)
Production and processing operations. All buildings, structures,
and equipment used for mining shall be constructed, maintained and
operated in such a manner as to reduce noise, vibration, or dust,
in order to minimize the impact on adjacent or surrounding uses.
(e)
Consistency with reclamation plan. All mining operations shall
be conducted in a manner not inconsistent with the reclamation plan
and in such a manner that the objectives of the plan may be realized
after the sand, gravel, and other material has been removed.
(f)
Access roads. Haul roads shall be located in such a manner as
to minimize the impact on existing land uses, and to avoid the routing
of vehicles to and from the mining operation over streets that primarily
serve developed areas. Entrances shall be restricted to as few as
are absolutely necessary, preferably no more than two, unless warranted
by specific conditions of the site or operation.
(g)
Signs. Traffic control signs shall be provided and maintained
by the operator on internal roads and at entrances when necessary
for safety reasons. All entrances shall be clearly marked with identification
of the operator of the facility and type of facility. All entrances
and routes shall be clearly marked in order to guide workers, haulers,
and authorized visitors who may be unfamiliar with the site, to designated
areas, (i.e., office, loading area, etc.). All areas where access
is to be restricted because of safety reasons shall be clearly marked
and maintained.
(h)
Security gates. Security gates or other suitable guard mechanisms
shall be provided at all entrances leading to or from public roads
or rights-of-way which shall prohibit access during periods of nonoperation.
(i)
Dust and dirt control. Roads within the site shall be constructed
in such a manner as to minimize and control the amount of dust created,
including the amount of mud and dirt carried onto public roads by
the wheels of vehicles from the site which, when deposited on roads,
will contribute to dust problems over a wider area. If deemed necessary,
the Planning Board may require special treatment at the point where
access roads meet public roads for a distance not to exceed 300 feet
and a width not to exceed 22 feet. This special treatment may consist
of gravel, stone, oil treatment, or paving, as deemed appropriate.
(j)
Spillage. During hauling operations, any spillage of materials
on public roads by owner's or contractor's equipment shall be promptly
and completely removed.
(k)
Emergency access. Emergency access for fire, rescue and/or ambulance
equipment shall be provided and maintained at all times at the plant,
office facilities and all working areas.
(l)
Fire protection. There shall be provided at the plant and office
facilities and at other locations specifically requested by the applicable
Fire Chief, a water supply hookup facility for fire equipment use.
Such facility shall be reviewed and approved by the Fire Chief responsible
for that particular area of the Township.
(m)
Grading. The slope of the surface of restored surfaces shall
not exceed one foot vertical to three feet horizontal. All proposed
benching must be designed using a slope stability factor of safety
equal to or greater than two. Detailed calculations must be submitted
for review and approval. Any body of water created by the resource
extraction operation shall have a graded shoreline with a slope not
to exceed one foot vertical to five feet horizontal.
(n)
Topsoil preservation. As an integral part of each land mining
operation, a sufficient amount of arable topsoil shall be set aside
and retained within or near the permit site to cover disturbed areas
in accordance with the reclamation plan. The amount required shall
be a quantity which, when placed, will provide a maximum depth of
six inches, or an amount equal to that which was removed, whichever
is less, throughout all areas to be restored (six inches is equivalent
to 800 cubic yards per acre). This material shall, where practical,
be used for temporary screening or berming. All topsoil stockpiles
must be treated, planted or graded in accordance with "Standards for
Soil Erosion and Sediment Control in New Jersey" adopted by the New
Jersey Soil Conservation Committee, in order to minimize the process
of erosion by wind or water upon adjacent property, public roads or
streams.
(o)
Erosion control. Erosion control methods must be in accordance
with an approved plan based on "Standards of Soil Erosion and Sediment
Control in New Jersey" adopted by the New Jersey Soil Conservation
Committee.
(p)
Protection of vegetation. Existing trees, woods, and ground
cover shall be protected and retained to the maximum degree possible.
Clearing shall be strictly limited only to those areas which are absolutely
necessary for the proposed mining operation. Reestablishment of trees
and vegetation shall be required in those areas which are unnecessarily
destroyed. However, this provision shall not prohibit agricultural
or forestry uses as permitted within the zoning district.
(q)
Protection of water tables. Maximum depth of excavation shall
not be below existing groundwater, except in such cases where the
reclamation plan indicated that a lake or lakes will be part of the
final use of the land or where such plan indicates that adequate fill
from overburden is to be used to refill such excavation for conformance
to the approved reclamation plan. No extraction operations shall be
conducted in such a manner as to permanently alter the water table
of surrounding inhabited properties, or to alter the stability of
adjacent lands, or to create a potential subsidence of adjacent lands.
As a monitoring device, the operator shall install, prior to commencement
of extraction operations, observation or monitoring wells in accordance
with the following schedule based on a total of all permit areas currently
applied for and previously approved under this section. These wells
shall be located and constructed to a depth and in accordance with
details approved by the Planning Board, and each well shall have a
permanent reference bench mark on or adjacent to the facility. As
extraction areas increase for new permit periods, these wells may
have to be relocated in order to adequately surround the perimeter
of the excavated areas.
(3)
Standards relating to land reclamation.
(a)
Exceptions. The parties issued any permit for a land mining,
quarrying, or resource extraction operation are responsible for the
reclamation of the area in compliance with the reclamation plan on
file with the Township.
(b)
Progressive reclamation. Land restoration shall be planned and
implemented as contemporaneously as possible with the extraction of
the resource, considering the ultimate use of the area as stated in
the reclamation plan. Typically, it should include the following steps:
(c)
Timing. Reclamation shall be a continuous process, and each
portion of the parcel shall be restored within two years after the
resource extraction is completed for the permitted area. Restoration
shall proceed in the same sequence and time frame as set out in the
extraction schedule.
(d)
Dry pit rehabilitation. The dry pit may be backfilled with sand,
gravel, overburden, topsoil or other nonnoxious, nonflammable, nontoxic,
noncombustible solids.
(e)
Wet pit rehabilitation. Like dry pit rehabilitation, the wet
pit may be filled. Any filling must be accomplished in accordance
with the conditions set forth for dry pit rehabilitation. In the alternative
the wet pit may be converted into a lake in accordance with the rehabilitation
plan and all other applicable standards of this chapter. If a lake
is to be created, pollution and stagnation must be prevented. Water
and sediment testing must be performed to ensure quality prior to
filling or dewatering.
(f)
Site clearance. All organic materials, boulders, and other debris
resulting from the excavation or related activities shall be disposed
of by approved methods.
(g)
Removal of topsoil. When topsoil is removed, sufficient arable soil as required by § 103-15 of Article I[1] shall be set aside on the site for respreading over the
reclamation area. These stockpiles of topsoil should be used to minimize
the effects of erosion of wind or water upon public roads, streams,
or adjacent land uses. No topsoil shall be removed from the overall
tract.
(h)
Slopes. No slopes (temporary or permanent) created as part of
the reclamation plan shall exceed three feet horizontal to one foot
vertical.
(i)
Drainage. Reclamation should proceed in such a way that natural
waterways and storm drainage, where they enter and leave the premises,
shall be altered only to the least degree necessary to carry out excavation
and related activities. Any alteration of natural waterways and storm
drainage should not adversely affect public roads or neighboring uses.
Water and sediment testing shall be required prior to drainage to
ensure quality before discharging.
(j)
Grading.
[1]
When the extraction operation has been terminated,
the area shall be graded as close to the natural contour of the land
as possible to facilitate planting.
[2]
All regrading and reclamation shall be undertaken
with the minimum amount of disturbance in order to minimize the amount
of compaction of the soil.
(k)
Landscaping.
[1]
A planting plan shall be prepared by a forester
or landscape architect showing the areas to be planted, final grades,
type and quantity of plant material to be used, and all specifications
necessary for implementation.
[2]
Planting shall be performed at the appropriate
time to insure survival.
[3]
All planting and plant scheduling shall be in accordance
with the approved planting plan.
[4]
If soil erosion is critical on a site, an inexpensive
mulch shall be required such as cut grass, weeds, leaves, etc., or
spotted low shrubs and herbaceous materials such as weeping love grass.
In excessively weedy areas the ground shall be prepared prior to planting
with the use of a disk, rototiller, spring tooth harrow or similar
cut harrow along the rows.
[6]
All rows shall be planted with the same species
type.
[7]
The following is the recommended plant list. Other
plant material may be used upon the advice of a qualified arborist
and/or a landscape professional, when approved by the Planning Board.
Deer-resistant plants are highly recommended.
[a]
Ilex verticillata: winterberry holly.
[b]
Myrica pensylvanica: bayberry.
[c]
Viburnum dentatum: arrowwood viburnum.
[d]
Ilex opaca: American holly.
[e]
Picea abies: Norway spruce.
[f]
Amelanchier laevis: Allegheny serviceberry.
[g]
Betula nigra: river birch.
[h]
Cupressocyparis leylandii: leyland cypress.
(l)
Compatibility with future land uses. All provisions of the reclamation
plan shall be consistent and compatible with the projected future
land use plan and provide as much flexibility as is possible for similar,
but varying future land use patterns.
(4)
Standards relating to future land use.
(a)
Zoning conformance. The future land use plan shall be based
on acceptable sound planning practices in conformance with existing
zoning.
(b)
Compatibility with surrounding land uses. The future land use
plan shall be compatible with adjacent and surrounding present land
uses and potential future land uses.
(c)
Development patterns. Development shall be planned to avoid
adverse impacts on the desirable future development and/or subdivision
of adjoining land, and strip development of existing highway frontages
shall be discouraged. The future land use plan should conform to design
standards that will provide safe and efficient access to the neighborhood
street and highway system; relate the design of the plan to natural
topography and existing vegetation cover of the site; and contribute
to the harmonious development of the municipality and enhance the
public welfare of the community.
(d)
Conformance with reclamation plan. The future land use plan
shall exhibit conformance with the reclamation plan approved by the
Planning Board and shall make maximum use of those areas reclaimed
and rehabilitated. The two plans shall be planned in conjunction with
each other so that reclamation efforts are not wasted for probable
future land uses and to avoid irreversible mistakes.
(e)
Flexibility. The greatest degree of flexibility shall be utilized
in design of the future land use plan to make it adaptable to varying
future land uses. To achieve this, all alternatives should be considered
and investigated, and more than one future land use plan sketch may
be submitted to justify the reclamation plan submitted.
(f)
Lakes and ponds. The use of lakes and ponds resulting from wet
pit excavations shall be highly encouraged for their aesthetic and
recreational values; and for the value as recharge and retarding basins
in stormwater management.
(g)
Environmental. The future land use plan shall not promote or
create the potential for serious air or water pollution problems which
would be in violation of local, state or federal pollution standards,
or seriously jeopardize the health, safety, and welfare of the community.
F.
Procedure upon completion of application. The Planning Board shall,
upon completion of an application by its resolution stating its factual
findings, approve or deny the granting of conditional use for resource
extraction and site plan as herein provided. It shall forward a copy
of said resolution without delay to the Township Clerk of the Township
of Bethlehem whereupon a license shall be issued by said Township
Clerk to permit the resource extraction. The fee shall be $2,500 per
annum plus $800 per acre per annum for each acre in the approved active
mine site.
A.
Basis for establishing critical areas.
[Amended 12-8-1988 by Ord. No. 202-18-88]
(1)
The mapping of the critical areas within Bethlehem
Township is indicated on the maps entitled "Wetlands," source date
November 1975 and October 1976, and "Critical Areas," dated November
1984; each of which is part of this chapter.[1] As noted on the maps, the basis for the delineation of
floodplain areas was the Flood Insurance Rate Maps prepared by the
Federal Emergency Management Agency and dated December 15, 1981; the
basis for the delineation of steep slope areas was the United States
Geological Survey Slope Maps, Bloomsbury and High Bridge Quadrangles,
1975; and the basis for the mapping of wetlands was the National Wetlands
Inventory, United States Quadrangles, November 1975 and October 29,
1976.
[1]
Editor's Note: Copies of the Critical Areas
Map and Wetlands Map are included at the end of this chapter.
(2)
Regarding floodplain areas, it is recognized that
more floodplain areas exist in the township than those already mapped.
Moreover, the State Department of Environmental Protection, Division
of Water Resources, in accordance with the Flood Hazard Area Control
Act (N.J.S.A. 58:16A-50 et seq.), has adopted N.J.A.C. 7:13 and has
mapped the flood hazard areas in Bethlehem Township. The Department
of Environmental Protection mapping shall take precedence.
(3)
Additionally, while information depicted on the map
has been prepared as accurately as possible, nevertheless, it must
be understood that detailed information mapped at such a large scale
may not represent the actual conditions on any particular parcel of
land. Therefore, the information is not intended to take the place
of specific on-site engineering data presented to the township at
the time applications are submitted for approval of a subdivision,
site plan, construction permit and/or any other application which
considers the critical areas categories of information depicted on
the map.
(4)
It is not the intent of this section to regulate the
development of wetlands per se. The designation of wetlands as a critical
land factor is to signal the location of environmentally fragile lands
which should be incorporated in open space plans or located within
a portion of a lot which need not be physically developed. Additionally,
such critical acreage shall be considered in the calculation of permitted
density within a planned development. The regulations of wetlands
is governed by the New Jersey Department of Environmental Protection,
Division of Coastal Resources, under the Freshwater Wetlands Protection
Act (N.J.A.C. 7:7A), effective July 1, 1988.
(5)
Development within critical areas. In addition to
all other applicable township requirements, development of sites containing
critical areas shall provide the following:
[Added 12-3-1998 by Ord. No. 255-19-98]
(a)
No principal or accessory building shall be
located, in whole or in part, within a critical area.
(b)
A single-family residential lot created after
the adoption of this subsection shall contain at least one acre of
contiguous noncritical land with direct access to an existing or proposed
street.
(c)
In addition to the maximum lot coverage requirements
established by this chapter, no development shall provide more than
70% impervious surface coverage of the noncritical area of the lot.
B.
Regulations for floodplain areas.[2]
(1)
Purpose.
(a)
The purpose of these regulations is to encourage
only that development of flood-prone areas within Bethlehem Township
which is appropriate in light of the probability of flood damage and
the need to reduce flood losses; represents an acceptable social and
economic use of the land in relation to the hazards involved; does
not increase the danger to human, plant or animal life; provides that
no decreases in the amount of available storage for flood waters within
the floodplain results from any development; and conversely, to discourage
all other development. This zone is created in recognition of the
increased threat, severity and frequency of floods expected to result
from continued development. It is intended to retain areas adjacent
to streams and rivers free from structures and other obstructions
to the water flow during the periodic rises in the water level.
(b)
These regulations are intended to protect floodplains
so that floodwater may have a natural course to follow; that the watercourse
is not constricted or altered in a manner that will increase water
velocities or create a dam; that the water level may rise without
danger to persons, animals or property; that the water level may rise
and cover larger land surfaces for the purposes of greater water percolation
and recharging of the underground water supply; and that a park-like
network is developed throughout the township along these watercourses.
(2)
APPEAL
CHANNEL
DESIGN FLOOD
DESIGN FLOOD PROFILE
DEVELOPMENT
FLOOD ELEVATION DETERMINATION
FLOOD or FLOODING
FLOOD-FRINGE AREA
FLOOD HAZARD AREA
FLOODPLAIN
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODWAY
HABITABLE FLOOR
NEW CONSTRUCTION
NEW JERSEY FLOOD HAZARD DESIGN AREA
NEW JERSEY FLOODWAY DESIGN FLOOD
STRUCTURE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
VARIANCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A request for the review of the Township Engineer's interpretation
of any provision of this section, or a request for a variance from
the Planning Board.
The bed and banks of the watercourses located within the
boundaries of the Township of Bethlehem which convey the normal flow
of said watercourses most of the time.
The relative size or magnitude of a flood, expressed as a
design discharge in cubic feet per second, which is developed from
hydrologic criteria, represents a major flood of reasonable expectancy,
reflects both flood experience and flood potential and is the basis
of the delineation of the floodway and the flood hazard area and of
the water surface elevations thereof.
The elevations of the water surface of the floodway design
flood and the potential hazard area design flood.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavating or drilling operations,
located within the flood hazard area.
A determination of the water surface elevations of the design
flood, i.e., the flood level that has a one-percent or greater chance
of occurrence in any given year.
A general and temporary condition of partial or complete
inundation of normally dry areas from:
The portion of the flood hazard area outside of the floodway.
Land in the floodplain subject to a one-percent or greater
chance of flood in any given year.
The relatively flat area adjoining a water channel which
has been or may be covered by floodwater of the channel.
State or local regulations, in any combination thereof, which
provide standards for the purpose of flood damage prevention and reduction.
The river or other watercourse and the adjacent land area
that must be reserved in order to discharge the design flood without
cumulatively increasing the water surface elevation more than 0.2
foot.
For floodplain management purposes, any floor, including
the basement, useable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
A floor used only for storage purposes is not a "habitable floor."
Structures for which the start of construction commenced
on or after the effective date of this chapter.
The discharge resulting from a flood having a one-percent
chance of being equaled or exceeded in any given year, plus 25%.
The discharge from a flood having a one-percent chance of
being equaled or exceeded in any given year.
For floodplain management purposes, a walled or roofed building,
including a gas or liquid storage tank, that is principally above
ground. For insurance purposes, "structure" means a walled and roofed
building, other than a gas or liquid storage tank, that is principally
above ground and affixed to a permanent site. For the latter purpose,
the term includes a building while in the course of construction,
alteration or repair but does not include building materials or supplies
intended for use in such construction, alteration or repair, unless
such material or supplies are within an enclosed building on the premises.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purpose of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, floor
or other structural part of the floor commences, whether or not that
alteration affects the external dimensions of the structure. The term
does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary or safety code
specifications which is solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on the
National Historic Register of Historic Places or the State Inventory
of Historic Places.
A grant of relief by the Planning Board from the requirements
of this section permitting construction in a manner otherwise prohibited
by this section because the literal enforcement would result in unnecessary
hardship.
C.
Site plan review.
(1)
All proposals for any development within a floodplain area shall require site plan approval by the Planning Board in accordance with Article VIII of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, in the opinion of the Township Engineer, the proposed work is of such a minor nature that Planning Board review is not required, a site plan approval by the Planning Board may be waived. In any case, all other requirements of this section shall apply.
(3)
In addition to the applicable information required for preliminary site plan approval stipulated in § 102-51 of this chapter, the following additional information shall be provided:
(a)
The proposed finished grade elevations at the
corners of any structure or structures.
(b)
The extent of proposed or previous filling,
cutting or regrading of the land, if any.
(c)
The location, type and size of all existing
and proposed erosion and siltation control measures, such as slope
protection, soil stabilization, sedimentation basins, sediment trap
headwalls and aprons.
(d)
Proof of stream encroachment lines (floodway)
obtained from the Department of Environmental Protection. Should this
information not be available through the Department of Environmental
Protection, it is required that the applicant submit a floodway delineation
for the reach of the stream involved, with all required engineering
data, to the Township Engineer for review and approval.
(4)
The applicant should be prepared to present evidence
that the proposal:
(a)
Has an inherent low flood damage potential.
(b)
Either acting alone or in combination with the
existing or future uses, will not obstruct flood flows or increase
flood heights and/or velocities or reduce ground absorption or storage
volume of stormwater.
(c)
Does not affect adversely the water-carrying
or storage capacity of the channel, floodway or flood-fringe areas.
(d)
Does not increase local runoff and erosion,
and provides proper drainage of the area to an existing adequate watercourse
or drainage system.
(e)
Does not unduly stress or degrade the natural
environment of the floodplain or degrade the quality of surface water
or the quality or quantity of groundwaters.
(f)
Does not require channel modification or relocation.
(g)
Is set forth in this chapter as a permitted
use.
(h)
Is not a prohibited use in that portion of the
floodplain where proposed to be located.
(5)
Where required by the Planning Board, the applicant
shall furnish information relating to subsurface conditions based
on percolation tests and soil borings or probes. Test borings or probes
shall be performed by a licensed professional engineer and shall be
in accordance with acceptable engineering standards and practices.
Written notification of intention to conduct such tests shall be forwarded
to and received by the Township Engineer at least two working days
prior to testing. A detailed report of the test shall be submitted
to the Planning Board and the Township Engineer for review.
D.
Uses in floodways and flood-fringe areas.
(1)
Prohibited uses. No person shall hereafter engage
in, cause or permit other persons to engage in prohibited uses within
a delineated floodplain. The following uses shall be prohibited:
(a)
Placing, depositing or dumping any vehicles,
solid waste, garbage, refuse, trash, rubbish or debris.
(b)
Dumping or discharging untreated domestic sewage
or industrial waste, either solid or liquid.
(c)
Storage or disposal of pesticides.
(d)
Storage or processing of materials that are,
in time of flooding, buoyant, flammable or explosive.
(e)
The storage or processing of hazardous materials
that could be injurious, in time of flooding, to human, animal or
plant life.
(2)
Permitted uses in floodways.
(a)
Within any floodway area, no encroachments,
including fill, new construction, substantial improvements or other
development, shall be permitted unless a technical evaluation demonstrates
that encroachment shall not result in any increase in flood lands
during the occurrence of a flood having a one-percent chance of being
equaled or exceeded in any given year.
(b)
Channel improvements or changes may be permitted
only in connection with stream improvements and stabilization, which
improvements or changes have the approval of the State Department
of Environmental Protection, the Hunterdon County Planning Board and
the Bethlehem Township Planning Board. The accepted practices of soil
husbandry and farming, as well as recreational uses in the nature
of parks, wildlife preserves, play yards, picnic areas, golf courses
and boat landings, shall be permitted. Any proposed use involving
the removal of trees shall be undertaken in accordance with the approval
of the Bethlehem Township Planning Board. Material, equipment or vehicles
related to and used in conjunction with a permitted use shall not
be parked or stored in the floodway area.
(3)
Permitted uses in the flood-fringe areas. Within any
flood-fringe area, the accepted practices of soil husbandry and farming,
as well as restricted uses in the nature of parks, wildlife preserves
and undeveloped common open space, shall be permitted, provided that
site plan approval is acquired from the township. Additionally, detached
dwellings may be constructed on lands within the flood-fringe area,
provided that the lowest habitable floor is at a minimum of one foot
above the flood hazard design elevation and provided, further, that:
E.
Conditions of approval. The Planning Board may impose
such conditions on permitted uses as it deems appropriate in order
to promote the public safety, health and welfare to protect public
and private property, wildlife and fisheries and to preserve and enhance
the natural environment of the floodplain. No certificate of occupancy
shall be issued unless all conditions of approval have been complied
with. In all flood hazard areas, the following conditions are specified
in any case:
(1)
All new construction and substantial improvements
shall be constructed with materials and utility equipment resistant
to flood damage.
(2)
All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood damage.
(3)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(4)
All new and replacement sanitary sewerage systems
shall be designed to minimize or eliminate infiltration of floodwaters
into the system and discharges from the system into the floodwaters.
(5)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
(6)
All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
(7)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(8)
All subdivision proposals shall have public utilities
and facilities, such as sewer, gas, electrical and water systems,
located and constructed to minimize flood damage.
(9)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(10)
Appropriate and adequate controls on operations,
sureties, deed restrictions and maintenance bonds shall be provided.
(11)
The construction of stormwater detention and/or
retention facilities, channel modifications, dikes, levees and other
protective measures shall be required.
(12)
The installation of an adequate flood warning
system shall be required.
(13)
The postponement of development until such a
time as protective measures are installed or implemented shall be
required.
(14)
New construction or substantial improvement
of any residential structure shall have the lowest habitable floor,
including a cellar or basement, elevated to one foot above the design
flood elevation.
(15)
New construction or substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including a cellar or basement, elevated
to one foot above the design flood elevation or, together with the
attendant utility and sanitary facilities, be floodproofed so that
below the design flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A licensed professional engineer or
architect shall certify that the standards of this section are satisfied.
Such certification shall be provided to the Planning Board. Any or
all of the following floodproofing measures may be required:
(a)
Installation of watertight doors, bulkheads
and shutters or similar devices.
(b)
Reinforced walls to resist water pressure.
(c)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(d)
Addition of weights to structures to resist
flotation.
(e)
Installation of pumps to lower water levels
of structures.
(f)
Pumping facilities or comparable measures for
the subsurface drainage systems of the building to relieve external
foundation wall and basement flood pressures. Over-the-sidewalk and
under-the-sidewalk gravity or sump pump drains are not permitted.
All such drains shall outlet into an existing adequate watercourse
or drainage system.
(g)
Construction that resists rupture or collapse
caused by water pressure or floating debris.
(h)
Installation of valves or controls on sanitary
and storm drains which will permit the drains to be closed to prevent
backup of sewage or stormwaters into the structure; gravity drainage
of basements may be eliminated by mechanical devices.
(i)
Location of all electrical equipment, circuits
and installed electrical appliances in a manner which will assure
they are not subject to inundation and flooding.
(16)
Fill shall be no lower than one foot above the
flood design elevation and shall extend at such height for a distance
of at least 15 feet beyond the limits of any structure erected thereon.
(17)
Structures on fill shall be so built that the
basement or, in the event that there is no basement, the lowest habitable
floor is at a minimum of one foot above the flood hazard design elevation;
this should be accomplished without transporting off-site fill to
the site.
F.
Variances from conditions. Variances from the conditions
of this section may be issued by the Bethlehem Township Planning Board
in conformance with the following provisions:
(1)
For the reconstruction, rehabilitation or restoration
of structures listed on the National Register of Historic Places or
the State Inventory of Historic Places.
(2)
If an increase in flood levels within any designated
floodway or flood-fringe area would not occur during the design flood.
(3)
Upon a determination that the variance is the minimum
necessary to afford relief considering the flood hazards.
(4)
Upon a determination that failure to grant the variance
would result in exceptional hardship to the applicant and a determination
that the granting of the variance will not result in increased flood
heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the
public or conflict with existing local laws or ordinances.
G.
Flood insurance. Flood insurance in accordance with
the Federal Insurance Agency shall be required for all developments
in the floodplain.
H.
Warning and disclaimer. The degree of flood protection
required herein is considered reasonable for regulatory purposes and
is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This section does not imply that land
outside flood hazard areas will be free from flooding or flood damage.
This section shall not create liability on the part of the Township
of Bethlehem or by any other officer or employee thereof for any flood
damages that result from reliance on this section or any administrative
decision lawfully made thereunder.
D.
Open space requirements.
(1)
Land area equal to a minimum of 70% of the tract of
land proposed for residential development shall not be included in
lots and shall be set aside for conservation, open space, floodplain,
recreation and/or other common open space. Such lands shall be optimally
related to the overall plan and design of the development, shall be
improved to best suit the purpose(s) for which they are intended and
shall be situated within Bethlehem Township. Land utilized for street
rights-of-way shall not be included as part of the above 70%.
[Amended 12-3-1998 by Ord. No. 255-19-98]
(2)
Should the proposed development consist of a number
of stages, the Planning Board may require that acreage proportionate
in size to the stage being considered for final approval be set aside
simultaneously with the granting of final approval for that particular
stage, even though these lands may be located in a different section
of the overall development.
(3)
Common open space may be deeded to the township or
dedicated to an open space organization or trust, with incorporation
and bylaws to be approved by the Planning Board and the Township Committee.
If common open space is not dedicated and accepted by the township,
the landowner shall provide for and establish an open space organization
or trust for the ownership and maintenance of the common open space.
Such organization or trust shall not be dissolved, nor shall it dispose
of any common open space by sale or otherwise, except to an organization
conceived and established to own and maintain the common recreation
areas and development open space, without first offering to dedicate
the same to the township.
[Amended 12-3-1987 by Ord. No. 202-15-87]
(a)
If the applicant proposes that the common open
space shall be dedicated to the township, then the Planning Board
shall forward such request with its recommendation to the Township
Committee prior to the granting of preliminary plan approval of any
development application containing common open space.
(b)
All lands not offered to and/or not accepted
by the township shall be owned and maintained by an open space organization
or trust as provided in N.J.S.A. 40:55D-43 and stipulated herein.
(c)
Open space owned and maintained by an open space
organization may be conveyed or leased to a third party for agricultural
use. The deed or lease shall have a reversion or termination clause
providing for reconveyance of the land to the open space organization
or trust or termination of the lease in the event that the open space
should no longer be used for agricultural purposes in accordance with
the provisions of said deed or lease. The deed or lease document shall
be subject to the review and approval of the Planning Board as a condition
of or an amendment to the subdivision and/or site plan approval.
[Added 12-3-1998 by Ord. No. 255-19-98]
(4)
In the event that the organization created for common
open space management shall fail to maintain any open space or recreation
area in a reasonable order and condition in accordance with the plan,
the township may serve notice upon such organization or upon the owners
of the development, setting forth the manner in which the organization
has failed to maintain such areas in reasonable conditions, and said
notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof and shall set the date and place of
a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the township may modify the terms of the original
notice as to the deficiencies and may give an extension of time, not
to exceed 65 days, within which time the deficiencies shall be cured.
(a)
If the deficiencies set forth in the original
notice or in modifications thereof shall not be cured within said
30 days or any extension thereof, the Township, in order to preserve
the common open space and maintain the same for a period of one year,
may enter upon and maintain such land. Said entry and said maintenance
shall not vest in the public any rights to use the open space and
recreation areas except when the same is voluntarily dedicated to
the public by the owners.
(b)
Before the expiration of said year, the Township
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of said areas, call a
public hearing upon 15 days' written notice to such organization and
to the owners of the development to be held by the Township, at which
hearing such organization and owners of the development shall show
cause why such maintenance by the municipality shall not, at the election
of the Township, continue for a succeeding year. If the Township shall
determine that such organization is ready and able to maintain such
open space and recreation areas in reasonable condition, the Township
shall cease to maintain such open space and recreation areas at the
end of said year. If the Township shall determine such organization
is not ready and able to maintain said open space and recreation areas
in a reasonable condition, the Township may, in its discretion, continue
to maintain said open space and recreation areas during the next succeeding
year and, subject to a similar hearing, a determination in each year
thereafter. The decision of the Township in any case shall constitute
a final administrative decision subject to judicial review.
(c)
The cost of such maintenance by the Township
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
the assessed value at the time of imposition of the lien and shall
become a lien and tax on said properties and be added to and be a
part of the taxes to be levied and assessed thereon and enforced and
collected with interest by the Township in the same manner as other
taxes.
(d)
Any open space organization or trust initially
created by the developer shall clearly describe in its bylaws the
rights and obligations of the homeowners and tenants in the residential
development, and the Articles of Incorporation of the organization
shall be submitted for review by the Planning Board prior to the granting
of final approval by the Township.
[Added 4-18-1996 by Ord. No. 255-6-96]
A.
Purpose.
(1)
Areas within the municipality are underlain
by carbonate bedrock such as limestone and dolomite. The solution
of this bedrock causes surface depressions, open drainage passages,
and the development of irregular, subsurface rock topography known
as "karst." These conditions make such areas unstable and susceptible
to subsidence and surface collapse. As a result, the alteration of
drainage patterns in these areas by the placement of impervious coverage,
grade changes or increased loads from site improvements can lead to
land subsidence and sinkholes.
(2)
Fractures or solution openings and fissures
in the limestone rock may lead to public or private water supplies,
making those sources especially susceptible to groundwater contamination.
Contamination of water sources can occur from solid and liquid wastes,
contaminated surface water, septic tank effluent or other hazardous
substances moving through fractures or solution openings and fissures
within the rock.
(3)
Carbonate aquifers are an important source of
groundwater in the municipality. The Township of Bethlehem relies
on a clean supply of subsurface water to foster and promote human
health, welfare and economic and social development. Therefore, the
purposes of enacting this chapter are to protect, preserve and enhance
a sensitive and valuable potable groundwater resource area and to
reduce the frequency of structural damage to public and private improvements
by sinkhole collapse or subsidence in areas of limestone geology,
thus protecting the public health, safety and welfare and ensuring
orderly development within the municipality.
B.
AGRICULTURAL USE
APPROVAL AUTHORITY
BEDDING
BEDROCK
CARBONATE AREA DISTRICT
CARBONATE DRAINAGE AREA
CARBONATE ROCK
CARBONATE ROCK DISTRICT
CAVE
CLOSED DEPRESSION
COLLAPSE SINKHOLE
DEVELOPMENT
DISAPPEARING STREAM
DISSOLUTION
DOLINE
DOLOMITE
DRAINAGE
FISSURE
GEOTECHNICAL INVESTIGATION PROGRAM
JOINT
KARST
LIMESTONE
LINEATION
MARBLE
OUTCROP
PINNACLE
SHEAR ZONE
SINKHOLE (DOLINE)
SOIL
SOLUTIONED CARBONATES
SOLUTION CHANNELS
SOLUTION SINKHOLE
SPRING
SUBSIDENCE SINKHOLES
SURFACE RUNOFF
VOID
Definitions. For the purposes of this chapter, the
following definitions shall apply:
The production, keeping or maintenance of plants or animals
for sale, lease or personal use.
The local land use board constituted pursuant to N.J.S.A.
40:55D-1, et seq. which, for applications involving site plan or subdivision
approval, is the Planning Board or Zoning Board of Adjustment.
The arrangement of a sedimentary rock in layers of varying
thickness and character.
A general term for the rock that underlies soil or other
unconsolidated material.
The Carbonate Area District is comprised of the Carbonate
Rock District and the Carbonate Drainage Area.
Watershed areas which directly drain into the Carbonate Rock
District.
Rock consisting chiefly of calcium and magnesium carbonates.
Those land areas underlain by carbonate rock formations.
A natural opening of a size permitting human exploration
and extending into a region of sharply reduced or no light.
A shallow, dish-shaped hollow on the land surface which,
in areas of limestone geology, may be indicative of old sinkholes
or incipient collapse.
A sinkhole caused by the collapse of the roof of a bedrock
cavern.
Any improvements in the Carbonate Area District requiring,
pursuant to existing land use statutes or ordinances, subdivision
or site plan approval.
A stream that enters the subsurface through a sinkhole or
other entrance.
A space or cavity in or between rocks, formed by the solution
of part of the rock material.
See "sinkhole."
A carbonate rock that contains more than 15% magnesium carbonate.
The process by which water moves from an area by stream or
overland sheet flow and/or the removal of excess surface water from
soil by downward flow through the soil profile.
|
A surface or zone of rock fracture along which
there has been noticeable differential movement.
|
An extensive crack, break, or fracture in the rock.
A program which identifies the geologic nature of the bedrock
materials underlying the site and provides solutions directed at preserving
the water quality and assuring the safety of any planned facility
or improvement built over carbonate rocks.
A fracture in rock generally more or less vertical or transverse
to bedding, a long which no appreciable movement has occurred.
A type of topography that is formed over limestone or dolomite
by dissolving or solution of the carbonate rocks, characterized by
sinkholes, closed depressions, caves, solution channels, internal
drainage, and irregular bedrock surfaces.
A carbonate sedimentary rock consisting chiefly of calcium
carbonate. Limestone is commonly used as a general term for that class
of rocks which consists of at least 80% calcium or magnesium carbonate.
In this chapter the term "limestone" shall be used generically to
refer to carbonate rocks, limestone formations and Precambrian marbles.
Any straight line or alignment of natural features seen on
an aerial photograph or any geographically-referenced source. Although
some lineations may be geologically controlled, ground-based geologic
investigations are necessary to define their existence and significance.
A metamorphic rock consisting chiefly of crystallized limestone
or dolomite.
An exposure of bedrock projecting through the ground surface.
An irregular rock projection often buried beneath the ground
surface.
A zone in which shearing has occurred on a large scale so
that the rock is crushed and brecciated (broken).
A localized land subsidence, generally a funnel-shaped or
steep-sided depression, caused by the dissolution of underlying carbonate
rocks or the subsidence of the land surface into a subterranean passage,
cavity or case. Sinkholes are formed by the underground removal of
soil and rock material.
The material found in the surface layer of the earth's crust
which may be moved by a spade or shovel.
Carbonate rocks that have had cavities formed, fractures
widened, and passages in the rock created through the dissolution
of the rock by the passage of surface water.
Tubular or planar channels formed by solution in carbonate
rock terrains, usually along joints and bedding planes. These openings
are the main water carrier in carbonate rocks.
A depression formed from the slow dissolution of bedrock.
A place where water naturally flows from rock or soil upon
the land or body of surface water.
Sinkholes formed by the downward settlement of unconsolidated
overburden into openings in the underlying, soluble bedrock.
The part of the precipitation that passes over the surface
of the soil.
Opening in the soil or rock materials.
C.
Applicability. The provisions of this chapter shall
be applicable to development activities in the Carbonate Area District
requiring, pursuant to existing land use statutes or ordinances, subdivision
or site plan approval.
D.
District identification.[1]
(1)
Carbonate Area District (CAD).
(a)
The Carbonate Area District is hereby created
and shall be any area identified as such upon the Township of Bethlehem
Zoning Map.[2] The district shall be constituted as secondary, or as
an overlay, to the zoning districts heretofore established by the
Zoning Map and may encompass all or portions of more than one existing
zoning district. Regulation of the CAD shall be in addition to those
requirements governing the existing zoning district.
[2]
Editor's Note: The Zoning Map is included at the end of this chapter.
(b)
The Carbonate Area District shall contain two
areas which shall be known as the "Carbonate Rock District" and the
"Carbonate Drainage Area."
(2)
Carbonate Rock District (CRD). The Carbonate
Rock District is composed of those areas of the municipality underlain
by limestone or carbonate rocks. The geologic mapping utilized to
prepare the CRD overlay boundary is derived from New Jersey Geologic
Survey and United States Geological Survey maps. These maps are interpretations
developed from available field observations and subsurface data; additional
unmapped areas of limestone rocks may exist in the Township of Bethlehem.
Therefore, the provisions of this chapter may be applied to any development
which, in the opinion of the Township of Bethlehem, is located in
an area underlain by limestone. The CRD map shall be updated as information
is developed through the application of this chapter.
(3)
Carbonate Drainage Area (CDA). The Carbonate
Drainage Area shall consist of all lands which drain surface water
into the Carbonate Rock District. Changes in the quantity, quality
and rate of discharge of surface water runoff from lands upslope of
the Carbonate Rock District can adversely affect the CRD. Therefore,
development activities in the CDA which may alter the surface drainage
patterns or affect the water quality or increase runoff into the CRD
shall be subject to the requirements of this chapter.
[1]
Editor's Note: The Carbonate Area District Overlay is included at the end of this chapter.
E.
Performance standards for CRD. The following performance
standards shall be applicable to development activities occurring
in the Carbonate Rock District:
(1)
The location of all sinkholes, disappearing
streams or other karst features identified during the geotechnical
investigation program and shown on documents submitted under the Phase
I and/or Phase II Checklist[3] shall be drawn on all final plats. The plats shall also
note any site remediation techniques utilized to stabilize any solution
channels or subsidence karst features. All final subdivision deeds
shall contain the following wording: "Block _____, Lot _____ is underlain
by limestone formations. Limestone formations are susceptible to surface
collapse (or sinkholes) and subsidence caused by the physical erosion
and chemical alteration of the soil and bedrock."
[3]
Editor's Note: The checklists are included
at the end of this chapter.
(2)
The design and construction of the improvements
listed in Table 1[4] shall be accomplished so as to minimize, to the greatest
extent practical, the development of future sinkholes or other karst
hazards and the pollution of surface and groundwater resources.
(a)
Carbonate formations present complex design
and engineering challenges. For example, design and engineering solutions
which may be appropriate for a single-family home may not work for
a high-rise office building.
(b)
As a result, the provisions of Table 1 were
developed to provide an outline of design concerns which apply to
different construction activities. Table 1 also provides rudimentary
suggestions as to current engineering and geotechnical procedures,
and minimum standards that might be useful to those using this section.
None of the items is intended to preclude the application of judgment,
innovation and experience. Table 1 represents the best technical judgment
available at this time. As a municipality gains, experience with the
carbonate chapter and the local geologic conditions, both the level
of review and the scope of Table 1 should be evaluated.
(c)
A number of testing procedures are presented
in Table 1. These include direct methods, such as site reconnaissance,
test pits, test probes and test borings. These direct methods are
essentially those procedures which allow the investigator to physically
see or sample some of the geotechnical parameters of the site. Direct
methods can provide an accurate picture of known site locations. It
is then necessary to extrapolate these known data points to the entire
site.
(d)
Indirect methods include the use of such items
as aerial photography, satellite imagery and geophysical procedures.
With geophysical procedures, one records some earth properties and
attempts to correlate each property with more specific site characteristics,
such as rock properties or depths. Indirect methods must be used with
great care because of the complex nature of karst sites. Indirect
methods may not detect small variations in the carbonate bedrock features
which may be of great significance to the project design.
(e)
For purposes of better understanding Table 1,
a number of specific items are discussed herein.
[4]
Editor's Note: Table 1 is included at the end of this chapter.
(3)
Direct methods.
(a)
Site reconnaissance. An on-site reconnaissance,
by a person with knowledge of local geology, is important to develop
an understanding of the site constraints. Prior to conducting reconnaissance
on-site, field personnel should review aerial photography to look
for the presence of such features as photo lineaments, vegetation
changes and depression areas. Black-and-white aerial photographs,
when viewed in a stereo image, can reveal such features as sinkholes,
closed surface depressions, lineaments and bedrock pinnacles. Older
aerial photographs are a valuable resource to document changes in
the land forms or karst features which have occurred on the site over
time.
(b)
Test pits. As described in Checklist II,[5] test pits are a simple, inexpensive way to view the overburden
materials and the condition and variability of the carbonate rock
surface. Test pits are backhoe excavations generally to the depth
of the bedrock or limitation of the backhoe.
[5]
Editor's Note: The Phase II Checklist is included at the end of this chapter.
(c)
Test probes. These generally consist of advancing
a steel bit into the ground by an air-percussion machine. Essentially
a large, mobile jackhammer is used. Depth of normal penetration is
usually less than 50 feet. The cuttings are blown out of the hole
and examined. Although quite disturbed, these cuttings yield a sample
of the materials penetrated. The amount of air injected and return
of cuttings at the surface can indicate the presence of fractures
and cavities. The rate of speed of the advance of the probe provides
a qualitative estimate of the competency of the material encountered.
Backfilling with a fluid cement grout and recording the volume of
materials placed in the drill hole (of known dimension) can also yield
a measure of the size of openings encountered in the subsurface during
the downward progress of the probe.
(d)
Test borings. As discussed in Checklist II,[6] test borings can yield virtually complete and undisturbed
soil and rock samples. These provide visual evidence of fractures,
weathering, fracture fillings and even the vertical dimensions of
cavities. A measure of the drilling fluid losses can also indicate
the volume and nature of any soil or rock cavities encountered. Backfilling
with a fluid cement grout and recording the volume of materials placed
in the drill hole (of known dimension) can also yield a measure of
the size of openings encountered in the subsurface during the downward
progress of the probe.
[6]
Editor's Note: The Phase II Checklist is included at the end of this chapter.
(4)
Indirect methods.
(a)
Aerial photography. This is the simplest indirect
technique, particularly when photos taken over a long time period
are analyzed. Open depressions, bedrock exposures, vegetation and
moisture changes over time can be detected on either black-and-white
or color photographs. Piles of rock or small groups of brush or trees
in otherwise open fields can indicate active sinkholes or rock pinnacles
breaking the ground surface. Images defined at wavelengths other than
visible light can be as useful as, or even more useful than, conventional
aerial photographs. These images are generally available from satellite
mapping work.
(b)
Geophysical procedures.
[1]
Various geophysical investigation techniques
which can be used in karst terrains include: ground-penetrating radar,
electrical conductivity, electrical resistivity, magnetic field, very-low-frequency
measurement (ELF) gravity field recording and seismic velocity measurements.
In general, none of these methods has the ability to discriminate
all fractures and small cavities. The data provides information on
the variation in underground conditions which should be interpreted
by a person trained in geophysics.
[2]
These procedures are used to identify zones
of variation across a site. Areas showing variation are then targeted
for additional direct testing procedures. Geophysical procedures should
not be used as the only method of verifying underground conditions.
Information gathered with geophysical procedures is useful when extrapolating
directly measured data.
[3]
The variability in physical properties and the
solutioned nature of most carbonate rock sites require an increase
in the number of sites analyzed and the use of several investigation
methods to provide a reliable interpretation of the subsurface conditions.
F.
Procedures and submission requirements for the Carbonate
Area District.
(1)
General requirements.
(a)
All applicants filing for site plan or subdivision
approval, building permits, zoning permits, land grading permits,
conditional use approval, septic system certification, well installation,
pond construction (except for agricultural uses), or undertaking any
other activity affected by the presence of limestone on or near the
project site, shall undertake a geotechnical investigation program.
Projects located in the Carbonate Drainage Area shall complete the
Phase I Checklist.[7] Projects located in the Carbonate Rock District shall
first complete the Phase I Checklist. Submission of the Phase II Checklist[8] shall be based on the recommendation of the Municipal Geotechnical Consultant (GTC) as per § 102-39.2F(1)(f).
(b)
The geotechnical investigation program shall
be prepared by a professional engineer or geologist with experience
in karst terrains. The municipality's geotechnical consultant (GTC)
shall be similarly qualified to review all projects submitted.
(c)
The geotechnical investigation program shall
identify the geologic nature of the materials underlying the site.
(d)
The geologic investigation report shall evaluate
site information gathered during the geotechnical investigation, and
provide recommendations for the planning, engineering design and construction
techniques to be utilized. All design recommendations shall minimize,
to the greatest extent practical, impacts upon water quality and structural
hazards associated with limestone formations.
(e)
In the case of applications for site plans or
subdivisions, the geologic investigation program may be completed
and filed prior to a formal application for preliminary approval.
(f)
After the submission of the information required in the Phase I Checklist, the authorized approval authority may grant a waiver from the requirement of part or all of the geotechnical investigation and report requirements under §§ 102-39.2F(4) and 102-39.2F(5) below, upon recommendation of the Municipal Geotechnical Consultant.
(2)
Geotechnical investigation program process.
For all properties located in the CAD, a comprehensive geologic investigation
program shall be conducted by the applicant. The purpose of this program
is to provide the approval authority with sufficient data to define
the nature of all existing geologic conditions that may affect construction
and land use activities on the site. Specifically, the investigations
shall yield information which shall demonstrate that the proposed
development will identify any existing geologic conditions for which
appropriate site design and/or engineering solutions may be necessary
to minimize any adverse environmental impacts caused by the project.
A geotechnical investigation program involves the following:
(b)
Phase II: completion of the Phase II Checklist[10] and proposed geotechnical investigation program by the
applicant, review by the municipal GTC and action on completeness
by the approval authority; issuance of permit to undertake on-site
testing.
[10]
Editor's Note: The Phase I and Phase II Checklists
are included at the end of this chapter.
(c)
The applicant undertakes an on-site geotechnical
investigation program, with observation by the municipal GTC.
(d)
Submission of a geologic investigation report
and site recommendation by the applicant.
(e)
Municipality GTC review, report and final recommendation
forwarded to the approval authority.
(f)
The approval authority acts on the geotechnical
aspects of the proposed project.
(3)
Geotechnical investigation program time limits.
(a)
An investigation program shall be commenced
by completing the Phase I Checklist.[11] The Phase I Checklist shall be submitted to the approval
authority and shall be reviewed by the municipal geotechnical consultant.
A report from the GTC shall be rendered to the approval authority
within 30 days of the submission by applicant or the Phase I Checklist.
The approval authority shall rule on the completeness of the Checklist
within 30 days of the receipt of the GTC completeness report. The
GTC's report shall either recommend that the Phase II Checklist be
prepared and submitted or, in the alternative, that portions or all
of the requirements of the Phase II Checklist be waived.[12]
(b)
If the Phase II Checklist is required, it shall be submitted to the approval authority and be reviewed by the GTC for completeness. A completeness report shall be made to the approval authority within 30 days of the submission by applicant of the Phase II Checklist. The approval authority shall rule on the completeness of the checklist within 30 days of the receipt of the GTC's completeness report. The GTC's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the geotechnical consultant recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology which would provide the requisite data. The geotechnical consultant may also recommend waiver of some or all of the required investigations in appropriate cases pursuant to § 102-39.2F(1)(f).
(c)
At the applicant's option, both the Phase I
and/or the Phase II Checklist may be submitted simultaneously, in
which case the GTC shall submit a completeness report to the approval
authority within 30 days of submission of the checklists by the applicant.
The approval authority shall act on the completeness report within
30 days of submission of the GTC's report.
(d)
After the Phase I and Phase II Checklists have
been deemed complete by the approval authority and the GTC has advised
that the testing methodology poses no danger to the integrity of the
site or to the health, safety and welfare of the community, a permit
shall be issued to the applicant authorizing the commencement of the
testing procedure.
(4)
On-site investigation protocol.
(a)
Any on-site investigations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to § 102-39.2F(3)(d). The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of the same to the Municipal Clerk, which notice shall be transmitted by certified mail, returned receipt requested, or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
(b)
The proposed development site shall be subject
to inspection by the GTC or designated municipal inspectors at any
time. All testing data and results shall be made available to municipal
officials and inspectors on demand.
(c)
All samples taken shall be properly preserved
and shall be available for examination by the municipality upon request
until final action is taken by the approval authority on the application.
(5)
Geotechnical investigation report requirements.
(a)
At the completion of the field investigation,
a formal site investigation report shall be submitted and include
any of the following required information gathered during the testing
protocol: logs of all borings, test pits and probes, including evidence
of cavities, loss of drilling fluid circulation during drilling, voids
encountered and similar cavities, type of drilling or excavation technique
employed, drawings of monitoring or observation wells as installed,
time and dates of explorations and tests, reports of chemical analyses
of on-site surface and ground water, names of individuals conducting
tests if other than the professional engineer referred to in the checklist,
analytical methods used on soils, water samples, and rock samples,
a topographic map, at a scale of one inch equals 100 feet, of the
site [at a contour interval of two feet] locating all test pits, borings,
wells, seismic or electromagnetic conductivity or other geophysical
surveys and analysis of the groundwater, including any potentiometric
maps constructed from site data or aquifer tests with rate and direction
of flow; a geologic interpretation of the observed subsurface conditions,
including soil and rock type, jointing (size and spacing), faulting,
voids, fracturing, grain size and sinkhole formation.
(b)
The report shall define the extent of geotechnical
findings at the site in relation to the planned development or land
use. The engineering solutions proposed to minimize environmental
and structural impacts for the useful life of the project, as well
as during construction, must be clearly detailed.
(6)
Municipal review of geotechnical investigation
report.
(a)
Within 45 days of submission of the Geotechnical
Investigation Report by the applicant, the GTC shall review and prepare
a completeness report for submission to the approval authority. During
the GTC's review of the geotechnical investigation report for proposed
development in the CRD, the GTC shall consider the data, formal reports,
maps, drawings and related submission materials and shall advise the
approval authority, whether or not the applicant has provided the
municipality with:
[1]
Sufficient design, construction and operational
information to ensure that the proposed development of the tract will
not adversely impact on the health, safety and welfare of the community.
[2]
Proof that the proposed method of development
of the tract will minimize any adverse effects on the quality of surface
or subsurface water, and will not alter the character of surface and/or
subsurface water flow in a manner detrimental to known on-site or
off-site conditions.
[3]
Specific details ensuring that design concepts
and construction and operational procedures intended to protect surface
and subsurface waters will be properly implemented.
[4]
Specific details on inspection procedures to
be followed during construction and after project completion.
(b)
The approval authority shall, within 45 days
of the receipt of the report from the geotechnical consultant, approve
or disapprove the proposed geotechnical aspects of the development
plan and associated construction techniques. In the event that the
approval authority denies the proposed development plan and associated
construction procedures, the approval authority shall state in the
resolution its reasons for disapproval.
G.
Reevaluation.
(1)
In certain situations, a specific geologic hazard
may not be identified while the geologic investigation program is
underway and may be discovered during or after construction. In such
cases, the applicant shall:
(a)
Report the occurrence of the hazard to the Municipal
Clerk within 24 hours of discovery.
(b)
Halt construction activities which would impact
the geologic hazard.
(c)
Prepare a report on the geologic hazard which
analyzes the impact of the hazard and details a remediation plan for
review and approval by the municipal geotechnical consultant.
(d)
After obtaining approval from the municipality,
perform necessary remediation of the hazard to prevent or minimize
damage to buildings, structures, utilities, driveways, parking areas,
roadways, and other site improvements, and to minimize pollution of
the groundwater.
(e)
Repair any damage to improvements and restore
ground cover and landscaping.
(f)
In those cases where the hazard cannot be repaired
without adversely affecting the site plan or subdivision, the applicant
shall file an amended application for a site plan or subdivision approval
in compliance with the provisions of this chapter.
H.
Compliance and enforcement.
(1)
Compliance with this chapter is required prior
to the granting of municipal subdivision or site plan approval, the
granting of zoning or building permits or the municipal endorsement
of state permits and treatment works approvals, unless the applicant
is exempted from the provisions of this chapter or the requirements
in this chapter have been waived. The enforcement officials for any
application requiring the approval of the Planning Board or Board
of Adjustment and subject to this chapter shall be the Municipal Engineer
and the Municipal GTC. The enforcement official for zoning or building
permit applications that are subject to this chapter shall be the
Zoning Officer or Construction Code Official. For well and septic
system installation, the municipality's Sanitarian shall serve as
the enforcement officer. The Municipal GTC, Engineer, or Sanitarian
shall serve as the enforcement officials for wastewater systems requiring
NJDEPE permits or treatment works approvals.
(2)
Failure to comply with any of the conditions
in this chapter may result in the issuance of the a stopwork order,
revocation of building permits or denial of certificates of occupancy.
Remedial and corrective measures may be mandated if the appropriate
construction and site planning techniques, as outlined in the applicant's
approved geotechnical report, are not followed and result in actions
which adversely impact karst features.
I.
Carbonate area district data distribution.
(1)
On-site geologic information collected through
the provisions of this chapter represents important resource data.
Copies of the final geologic investigation report and all maps and
accompanying data shall be submitted to the Municipal Board of Health,
the Municipal Clerk, and a copy filed with the Planning Board Secretary.
(2)
The municipality shall develop a catalogue system
of all available municipally-generated geologic reports. This file
shall be accessible to the public during normal working hours.
J.
Application and escrow review fees. For any project
in the CAD requiring a submission, there shall be an application fee
of $500 plus $100 for each one of the site included within the CAD.
Additionally, there shall be posted with the municipality a review
escrow as follows:
(1)
Escrow for the Phase I Checklist:[13] $500, plus $200 per acre for each acre of the project
site in the Carbonate Rock Area, plus $100 per acre of land in the
Carbonate Drainage Area.
[13]
Editor's Note: The Phase I Checklist is included at the end of this chapter.
(2)
Escrow for the Phase II Checklist:[14] $1,000, plus $500 per acre of land being developed in
the Carbonate Rock Area.
[14]
Editor's Note: The Phase II Checklist is included at the end of this chapter.
[Added 10-1-1998 by Ord. No. 255-16-98]
A.
Purpose. The purpose of the elder cottage housing
opportunity unit is to provide extended family housing as a residential
accessory structure on a lot with a principal residential structure.
ECHO housing shall provide an alternative to nursing home and boardinghome
care so that immediate elderly relatives may live nearby but not in
the same housing unit as younger immediate relatives. This housing
is provided so that it may be installed in a financial and efficient
manner and removed easily and economically at a later date when it
is no longer needed. It is the intent of ECHO housing to provide for
the continuing need for mutual support within the family while maintaining
individual independence and financial security.
B.
Dimensional standards and building standards; waivers.
(1)
An ECHO unit shall be considered to be an accessory
use to an existing residential structure and use. However, the ECHO
unit shall meet the side yard and rear yard requirements of a principal
structure.
(2)
Minimum lot area shall be 1.5 acres unless a
greater lot area is required by the applicable zoning district.
(3)
Maximum square footage of the unit shall be
750 square feet.
(4)
The unit shall be placed within the rear yard
and not within the area of the front and side yards. The Planning
Board may grant a waiver to permit a unit in the side yard if it can
be shown that the placement of the unit will have no impact upon adjacent
properties.
(5)
The unit shall be positioned on the lot in such
a way as to minimize its visibility from other nearby and abutting
lots. Additional buffering may be required by the Planning Board to
meet this criteria.
(6)
The unit shall be located only upon a lot with
a single-family detached dwelling.
(7)
Only one unit shall be permitted per lot, and
it shall contain a bathroom, kitchen, living and sleeping facilities.
There shall not be more than two bedrooms.
(8)
The ECHO unit shall be self-contained, barrier-free,
energy-efficient and capable of being moved to another site. The applicant
shall be responsible for preparing the site for installation of the
ECHO unit. It shall be located on masonry block or wooden piers with
adequate tie-downs, not on a concrete slab, and shall comply with
the definition of "dwelling."
(9)
The Planning Board shall have the right to grant
a waiver to any of the above dimensional standards and building standards
if it can be shown that the granting of the waiver shall not have
a negative impact upon adjacent properties.
C.
Health Department requirements. Proof of approval
by the County Board of Health of well and septic systems must be submitted
to the township authorities. Either a holding tank or hookup to an
existing septic system shall be the permitted systems. A one-thousand-gallon
holding tank may be permitted in lieu of a septic system hookup to
the existing septic system which services the principal dwellings
if permitted by the Department of Environmental Protection (DEP) and
the Hunterdon County Board of Health. In order to ensure timely pumping
of the holding tank in accordance with a pumping schedule to be established
by the Township Engineer, the applicant shall provide, on an annual
basis, a one-year prepaid contract for the pumping or shall submit
receipts for the pumping of the holding tank, both in accordance with
the pumping schedule established by the Township Engineer. A separate
septic system shall not be created for the unit.
D.
Occupancy standards.
(1)
The ECHO unit is for the use and occupancy by
not more than two persons who are related by blood, marriage or adoption
to the lot owner, who must occupy the primary residence on the premises,
and one professional caregiver. One of the ECHO unit related occupants
shall be 60 years of age or older. The caregiver must vacant the ECHO
unit within 60 days of the ECHO unit occupant's vacating the ECHO
unit.
(2)
The ECHO unit shall be removed from the premises
upon the death or permanent change of address of the original occupants
and removal shall take place within 90 days. To facilitate this retirement,
the unit shall either be part of an ECHO housing unit program sponsored
by the township or other governmental unit or agency or nonprofit
program; or the municipal agency shall be satisfied that adequate
provisions (such as bonding to ensure the removal of the unit) have
been made guaranteeing the removal of the ECHO unit at the end of
the term of the subject occupancy.
(3)
Within 60 days of the removal of the unit, the
lot shall be restored by the owner/occupant of the premises to the
status prior to the installation of the unit, or bonds shall be posted
with the township to ensure the restoration.
(4)
Application and approval for an ECHO unit shall be considered a minor site plan subject to the review and approval of the Planning Board. Upon submission of the application and checklist, the applicant shall pay an application fee of $25 and establish an escrow in the amount of $250 for professional review, subject to the requirements of Article IX of the Land Use and Development Ordinance of Bethlehem Township. Notice of an application for an ECHO unit shall be given in accordance with the provisions of N.J.S.A. 40:55D-12.
(5)
The owner/occupant of the primary dwelling shall
obtain an annual permit from the Zoning Officer. This permit shall
certify the continuing compliance by the permittee with the conditions
of the original permit issuance.
[Added 7-19-2001 by Ord. No. 255-29-2001]
A.
Fair share obligation 1987-1999.
(1)
The Township of Bethlehem has a fair share allocation
of 59 units. This fifty-nine-unit obligation consists of a seventeen-unit
rehabilitation component and a forty-two-unit new construction component.
(2)
The township's fair share plan for addressing
its fair share allocation by utilizing the following affordable housing
programs:
|
Rehabilitation
|
17
|
|
Accessory apartments
|
10
|
|
Alternate living arrangements
|
12
|
|
Regional contribution agreement
|
9
|
|
Rental bonus credits
|
11
|
|
Total plan capacity
|
59 units
|
B.
Affirmative marketing plan. The affirmative marketing
plan is a regional marketing strategy designed to attract buyers and/or
renters of all majority and minority groups, regardless of sex, age
or number of children, to housing units which are being marketed by
the Township of Bethlehem or designated entity pursuant to N.J.A.C.
5:93-9.1(a). The affirmative marketing plan of the Township of Bethlehem
addressed the requirements of N.J.A.C. 5:93-11. In addition, the plan
prohibits discrimination in the rental of housing on the basis of
race, color, sex, religion, handicap, age, familial status/size or
national origin. The Township of Bethlehem is in the Northwest housing
region consisting of Hunterdon, Morris, Union and Essex Counties.
The affirmative marketing program is a continuing program and shall
meet the following requirements:
(1)
All newspaper articles, announcements and requests
for application for low- and moderate-income units shall appear in
the following local regional newspaper: Hunterdon Democrat.
(2)
The primary marketing effort shall take the
form of at least one press release and one paid display advertisement
sent to the above publication. Additional advertising and publicity
shall be on an as-needed basis.
(3)
The advertisement shall include a description
of the following: street address of the units, directions to housing
units; number of bedrooms per unit; range of rents; size of units;
household income limits; and the location of applications, including
business hours and where and how applications may be obtained.
(4)
All newspaper articles, announcements and requests
for applications for low- and moderate-income housing shall be submitted
for publication in neighborhood-oriented weekly newspapers, religious
publications and organizational newsletters within the region, and
public information announcements on the local cable television station
may be utilized.
(5)
Applications shall be available at the Township
Building during its regular business hours, as well as county libraries
in the housing region.
(6)
A list of community contact persons and/or organizations
within the housing regions shall be maintained to aid the affirmative
marketing program with particular emphasis on contacts that will reach
out to groups that are least likely to apply for housing within the
region.
(7)
Subject to availability of units, applications
shall be mailed to prospective applicants upon request. Additionally,
applications shall be sent to the chief administrative employees of
each of the following agencies in the Counties of Hunterdon, Morris,
Union and Essex: Welfare or Social Service Board; Rental Assistance;
Office on Aging; County Housing Agency or Authority; County Library;
and Area Community Action Agencies.
C.
Tenant selection.
(1)
The township's selection process requires that
accessory apartments alternate between low and moderate income so
that the 50/50 balance required by COAH is maintained. However, if
no qualified tenants from the appropriate income group are on the
township waiting list upon the issuance of the certificate of occupancy,
the owner may rent to a qualified tenant from the other income group.
However, in no event shall the number of moderate-income accessory
apartments exceed two units without specific authorization from the
Township Committee. Households who live or work in the COAH-established
housing region may be given preference for sales and rental units
constructed within that housing region. Applicants for accessory apartments
living outside the housing region shall have an equal opportunity
for units after applicants living within the housing region have been
initially served in accordance with N.J.A.C. 5:93-11.7(b).
(2)
Applications for accessory apartment occupancy
are known as "tenant application and income verification forms." Each
application shall be checked preliminarily to see if the prospective
household is income qualified based on household size and income.
If the household appears to be income eligible, a letter of preliminary
eligibility shall be sent and the application retained on file with
the township and entered onto a list of qualified applicants. When
an accessory apartment is ready for occupancy, the landlord chooses
a low-or moderate-income household (depending on the income level
of the apartment) from the list of qualified applicants. Finally,
the owner and qualified tenant household execute a lease agreement
and the accessory apartment is occupied by the chosen household.
D.
Administrative agency.
(1)
The Township of Bethlehem is ultimately responsible
for administering the affirmative marketing program. The Township
of Bethlehem has designated the responsibility for the rehabilitation
and accessory apartment program to the Hunterdon County Housing Corporation
and for the group home to the ARC of Hunterdon County. The Hunterdon
County Housing Corporation and the ARC of Hunterdon County will income
qualify low- and moderate-income households; place income-eligible
households in low- and moderate-income units open initial occupancy;
provide for the initial occupancy of low- and moderate-income units
with income-qualified households; continue to income qualify households
for reoccupancy of units as they become vacant during the period of
affordability controls; assist with advertising and outreach to low-
and moderate-income households; and enforce the terms of the deed
restriction and mortgage loan as per N.J.A.C. 5:93-9.
(2)
The Municipal Clerk of the Township of Bethlehem,
Diane Pflugfelder, is the designated housing officer at act as liaison
to the Hunterdon County Housing Corporation and the ARC of Hunterdon
County. The Hunterdon County Housing Corporation and the ARC of Hunterdon
County will provide counseling services as appropriate to low- and
moderate-income applicants on subjects such as budgeting, credit issues,
mortgage qualification, rental lease requirements and landlord tenant
law.
E.
Commencement of program. The affirmative marketing
program shall commence at least 120 days before the issuance of either
temporary or permanent certificates of occupancy. The affirmative
marketing program shall continue until all low- and moderate-income
housing units are initially occupied and for as long as affordable
units are deed restricted and occupancy or reoccupancy of units continue
to be necessary.
F.
Monitoring and reporting. The Hunterdon County Housing
Corporation shall comply with monitoring and reporting requirements
as per N.J.A.C. 5:93-11.6 and 12.1.
[Added 7-19-2001 by Ord. No. 255-30-2001]
This section of the Land Use and Development
Chapter of the Township of Bethlehem sets forth regulations regarding
low-and moderate-income housing units in the Township of Bethlehem
that are consistent with the provisions of N.J.A.C. 5:93 et seq. as
effective on June 6, 1994. These rules are pursuant to the Fair Housing
Act of 1985[1] and the Township of Bethlehem's constitutional obligation
to provide for its fair share of low- and moderate-income housing.
A.
The Township of Bethlehem's new construction or inclusionary
component will be divided equally between low- and moderate-income
households as per N.J.A.C. 5:93-2.20.
B.
Except for inclusionary developments constructed pursuant
to low-income tax credit regulations:
(1)
At least 1/2 of all units within each inclusionary
development will be affordable to low-income households; and
(2)
At least 1/2 of all rental units will be affordable
to low-income households; and
(3)
At least 1/3 of all units in each bedroom distribution
pursuant to N.J.A.C. 5:93-7.3 will be affordable to low-income households.
C.
Inclusionary developments that are not restricted
to senior citizens will be structured in conjunction with realistic
market demands so that:
(1)
The combination of efficiency and one-bedroom
units is at least 10% and no greater than 20% of the total low- and
moderate-income units; and
(2)
At least 30% of all low- and moderate-income
units are two-bedroom units; and
(3)
At least 20% of all low- and moderate-income
units are three-bedroom units; and
(4)
Low- and moderate-income units restricted to
senior citizens may utilize a modified bedroom distribution. At a
minimum, the number of bedrooms will equal the number of senior citizen
low- and moderate-income units within the inclusionary development.
D.
In conjunction with realistic market information,
the following criteria will be used in determining maximum rents and
sale prices:
(1)
Efficiency units will be affordable to one-person
households; and
(2)
One-bedroom units will be affordable to 1.5-person
households; and
(3)
Two-bedroom units will be affordable to three-person
households; and
(4)
Three-bedroom units will be affordable to 4.5-person
households; and
(5)
Median income by household size will be established
by a regional weighted average of the uncapped Section 8 income limits
published by HUD as per N.J.A.C. 5:93-7.4(b); and
(6)
The maximum average rent and price of low- and
moderate-income units within each inclusionary development will be
affordable to households earning 57.5% of median income; and
(7)
Moderate-income sales units will be available
for at least three different prices, and low-income sales units will
be available for at least two different prices; and
(8)
For both owner-occupied and rental units, the
low-and moderate-income units will utilize the same heating source
as market units within an inclusionary development; and
(9)
Low-income units will be reserved for households
with a gross household income less than or equal to 50% of the median
income approved by COAH; moderate-income units will be reserved for
households with a gross household income less than 80% of the median
income approved by COAH as per N.J.A.C. 5:93-9.16; and
(10)
The regulations outlined in N.J.A.C. 5:93-9.15
and 9.16 will be applicable for purchased and rental units.
E.
For rental units, developers and/or municipal sponsors
may:
(1)
Establish one rent for a low-income unit and
one for a moderate-income unit for each bedroom distribution; and
(2)
Gross rents, including an allowance for tenant-paid
utilities, will be established so as not to exceed 30% of the gross
monthly income of the appropriate household size as per N.J.A.C. 5:93-7.4(a).
The tenant-paid utility allowance will be consistent with the utility
allowance approved by HUD for use in New Jersey.
F.
For sale units.
(1)
The initial price of a low- and moderate-income
owner-occupied single-family housing unit will be established so that,
after a down payment of 5%, the monthly principal, interest, homeowner
and private mortgage insurance, property taxes (based on the restricted
value of low- and moderate-income unit) and condominium or homeowner
fees do not exceed 28% of the eligible gross monthly income; and
(2)
Master deeds of inclusionary developments shall
regulate condominium or homeowner association fees or special assessments
paid by low- and moderate-income buyers to at least 1/3 of the amount
paid by market unit purchases. The actual percentage set in the master
deed shall be determined by the Township of Bethlehem and shall be
consistent with the requirements of N.J.A.C. 5:93-7.4(e). Once established
within the master deed, the percentage will not be amended without
prior approval from COAH; and
(3)
The Township of Bethlehem will follow the general
provisions concerning uniform deed restriction liens and enforcement
through certificates of occupancy or reoccupancy on sale units as
per N.J.A.C. 5:93-9.3; and
(4)
The Township of Bethlehem will require a certificate
of reoccupancy for any occupancy of a low- or moderate-income sales
unit resulting from a resale as per N.J.A.C. 5:93-9.3(c); and
(5)
Municipal, state, nonprofit and seller options
regarding sale units will be consistent with N.J.A.C. 5:93-9.5 through
9.8. Municipal rejection of repayment options for sale units will
be consistent with N.J.A.C. 5:93-9.9; and
(6)
The continued application of options to create,
rehabilitate or maintain low- and moderate-income sale units will
be consistent with N.J.A.C. 5:93-9.10; and
(7)
Eligible capital improvements prior to the expiration
of controls on sale units will be consistent with N.J.A.C. 5:93-9.11;
and
(8)
The regulations detailed in N.J.A.C. 5:93-9.12
through 9.14 will be applicable to low- and moderate-income units
that are for sale units.
G.
In zoning for inclusionary developments, the following
is required:
(1)
Low- and moderate-income units will be built
in accordance with N.J.A.C. 5:93-5.6(d):
|
Minimum Percentage of Low- and Moderate-Income
Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25%+1
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
|
100%
|
(2)
A design of inclusionary developments that integrates
low- and moderate-income units with market units is encouraged as
per N.J.A.C. 5:93-5.6(e).
I.
To provide assurances that low- and moderate-income
units are created with controls on affordability over time and that
low- and moderate-income households occupy these units, the Township
of Bethlehem will designate the Hunterdon County Housing Corporation
or another qualified entity with the responsibility of ensuring the
affordability of sales and rental units over time for the township's
rehabilitation and accessory apartment programs. Additionally, the
Township of Bethlehem will designate the ARC of Hunterdon County with
the responsibility of ensuring the affordability of sales and rental
units over time for group home program. The Hunterdon County Housing
Corporation and the ARC of Hunterdon County will be responsible for
those activities detailed in N.J.A.C. 5:93-9.1(a).
(1)
In addition, the Hunterdon County Housing Corporation
and the ARC of Hunterdon County will be responsible for utilizing
the verification and certification procedures outlined in N.J.A.C.
5:93-9.1(b) in placing households in low- and moderate-income units;
and
(2)
Newly constructed low- and moderate-income sales
units will remain affordable to low- and moderate-income households
for at least 30 years. The Hunterdon County Housing Corporation and
the ARC of Hunterdon County will require all conveyances of newly
constructed units to contain the deed restriction and mortgage lien
adopted by COAH and referred to as Technical Appendix E as found in
N.J.A.C. 5:93; and
(3)
Housing units created through the conversion
of a nonresidential structure will be considered a new housing unit
and will be subject to thirty-year controls on affordability. The
Hunterdon County Housing Corporation and the ARC of Hunterdon County
will require COAH's appropriate deed restriction and mortgage lien.
J.
Regarding rehabilitated units:
(1)
Rehabilitated owner-occupied single-family housing
units that are improved to code standard will be subject to affordability
controls for at least six years;
(2)
Rehabilitated renter-occupied housing units
that are improved to code standard will be subject to affordability
controls for at least 10 years.
K.
Regarding rental units:
(1)
Newly constructed low- and moderate-income rental
units will remain affordable to low- and moderate-income households
for at least 30 years. Hunterdon County Housing Corporation and the
ARC of Hunterdon County will require the deed restriction and lien
and deed of easement referred to as Technical Appendix H as found
in N.J.A.C. 5:93; and
(2)
Affordability controls in accessory apartments
will be for a period of at least 10 years, except if the apartment
is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13,
then the controls on affordability will extend for 30 years; and
(3)
Alternate living arrangements will be controlled
in a manner suitable to COAH, that provides assurances that such a
facility will house low- and moderate-income households for at least
10 years, except if the alternative living arrangement is to receive
a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls
on affordability will extend for 30 years.
L.
Section 14(b) of the Fair Housing Act, N.J.S.A. 52:27D-301
et seq., incorporates the need to eliminate unnecessary cost-generating
features from the Township of Bethlehem's land use ordinances. Accordingly
the Township of Bethlehem will eliminate development standards that
are not essential to protect the public welfare and to expedite or
fast track municipal approvals/denials on inclusionary development
applications. The Township of Bethlehem will adhere to the components
of N.J.A.C. 5:93-10.01 through 10.3.
M.
The Township of Bethlehem will undertake a rehabilitation
program to rehabilitate 17 substandard housing units occupied by low-
and moderate-income households. The Township of Bethlehem has designated
the Hunterdon County Housing Corporation to administer the rehabilitation
program. Hunterdon County Housing Corporation will prepare a marketing
plan for the rehabilitation program. The rehabilitation program will
be consistent with N.J.A.C. 5:93-5.2(b) through 5.2(1).
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
[Added 5-21-2009 by Ord. No. 255.52.2009; amended 12-7-2017 by Ord. No. 450.2017]
A.
Purpose. The purpose of this section is to create part of the required
administrative mechanism for the execution of the responsibility of
the Township of Bethlehem to provide its fair share of the region's
need for affordable housing pursuant to the Fair Housing Act of 1985.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
B.
ADMINISTRATIVE AGENT
MUNICIPAL HOUSING LIAISON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The entity responsible for administering the affordability
controls on the very-low-, low- and moderate-income units created
in the Township of Bethlehem to ensure that all such restricted units
are affirmatively marketed and sold or rented, as applicable, only
to duly qualified very-low-, low- and moderate-income households.
The municipal employee charged by the governing body with
the responsibility for oversight and administration of the affordable
housing program for the Township of Bethlehem.
C.
Establishment of Municipal Housing Liaison position and compensation;
powers and duties.
(1)
Establishment of position of Municipal Housing Liaison. There
is hereby established the position of Municipal Housing Liaison for
the Township of Bethlehem.
(2)
Subject to the approval of the Superior Court In the Matter
of the Township of Bethlehem, County of Hunterdon, Docket No. HNT-L-316-15,
the Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee.
(3)
The Municipal Housing Liaison shall be responsible for the oversight
of the administration of the affordable housing program for the Township
of Bethlehem, including all of the following responsibilities which
may not be contracted out:
(a)
Serving as Bethlehem's primary point of contact for all inquiries
from the state, affordable housing providers, administrative agents,
and interested households;
(b)
Monitoring the status of all restricted affordable housing units
in Bethlehem;
(c)
Compiling, verifying, submitting to Fair Share Housing Center
and posting on the municipal web site all required annual, mid-point
and three-year look-back monitoring reports as required by the Court,
consistent with the adopted affordable housing ordinance;[2]
(d)
Coordinating meetings with affordable housing providers and
the administrative agent(s), as applicable; and
(e)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing offered
by the Affordable Housing Professionals of New Jersey in conjunction
with Rutgers University.
(4)
Subject to the Court's approval, Bethlehem may contract with or authorize a consultant, authority, governmental agency or other qualified entity charged by the governing body with all other responsibilities of administering the affordable housing program of the Township of Bethlehem, except for those responsibilities which may not be contracted out pursuant to Subsection C above. The Municipal Housing Liaison shall supervise the contracting administrative agent(s), who shall provide regular updates to the Municipal Housing Liaison of their activities.
(5)
Compensation. Compensation shall be fixed by the governing body
at the time of the appointment of the Municipal Housing Liaison.
D.
Severability. If any section, subsection, paragraph, sentence or
other part of this section is adjudged unconstitutional or invalid,
such judgment shall not affect or invalidate the remainder of this
section, but shall be confined in its effect to the section, subsection,
paragraph, sentence or other part of this section directly involved
in the controversy in which said judgment shall have been rendered
and all other provisions of this section shall remain in full force
and effect.
E.
Inconsistent ordinances repealed. All ordinances or parts of ordinances
which are inconsistent with the provisions of this section are hereby
repealed, but only to the extent of such inconsistencies.
F.
Effective date. This section shall take effect immediately upon final
adoption and publication in the manner prescribed by law.
