A.Â
For the purpose of this chapter, certain phrases and
words are herein described as follows:
(1)Â
Words used in the present tense include the future.
(2)Â
Words used in the singular number include the plural
number, and vice versa.
(3)Â
Words used to include the male gender include the
female gender, and vice versa.
(4)Â
The word "used" shall also include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used.
(5)Â
The word "lot" includes the word "plot" and "premises."
(6)Â
The word "building" includes the word "structure,"
"dwelling" or "residence."
(7)Â
The word "shall" is mandatory and not discretionary.
B.Â
Any word or item not defined herein shall be used
with a meaning as defined in Webster's Third New International Dictionary
of the English Language, unabridged (or latest edition). Moreover,
whenever a term is used in the chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term is intended to have the meaning as defined
in N.J.S.A. 40:55D-1 et seq. unless specified to the contrary in this
chapter. NOTE: All definitions in this article marked with an asterisk
(*) include direct quotations from the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.).
As used in this chapter, the following terms
shall have the meanings indicated:
A self-contained residential unit with a kitchen, sanitary
facilities, sleeping quarters, and a private entrance, which is created
to be occupied by a low- or moderate-income household. The accessory
apartment may be created within an existing structure on the same
lot, or be an addition to an existing home or accessory building.
[Added 7-19-2001 by Ord. No. 255-31-2001]
A building, structure or use which is customarily associated
with and is subordinate and incidental to the principal building,
structure or use and which is located on the same lot therewith, including
but not limited to garages, carports, barns, decks, kennels, sheds,
nonportable swimming pools, guest houses and all roofed structures.
Any accessory building attached to the principal building shall be
considered part of the principal building.
The Secretary of the Planning Board, the Township Engineer
or the Planning Board Attorney, as the case may be, whichever official
is designated by this chapter to administer certain of the responsibilities
and authorities specified for the administrative officer in N.J.S.A.
40:55D-1 et seq.
[Amended 2-7-1991 by Ord. No. 255-91; 12-3-1998 by Ord. No.
255-20-98]
Conditions or situations created by a proposed development
that impose, aggravate or lead to impractical, unsafe or unsatisfactory
conditions on properties, such as but not limited to inadequate drainage
facilities, unsuitable street grades, street locations that fail to
compose a convenient system and failure to provide or make future
allowances for access to the interior portion of adjoining lots or
for other facilities required by this chapter.
Any change in or additions to the supporting members of a
building, such as columns, walls, girders, beams or rafters.
The landowner or the agent, optionee, contract purchaser
or other person authorized in writing to act for and acting for the
landowner submitting an application under this chapter.
The application or appeal forms, together with the required
fees and all accompanying documents required by this chapter for approval
of a subdivision plat, site plan, planned development, conditional
use, zoning variance or direction for issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or 40:55D-36.
That portion of a building partly below and partly above
grade, where the ceiling averages four feet or more than four feet
above the finished grade where such grade meets the outside walls
of the building.
A room planned or used primarily for sleeping.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than on a building
or the grounds to which the advertising applies.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance from the average finished grade to
the top of the highest roof beams on a flat or shed roof, the deck
level on a mansard roof and the average distance between the eaves
and the ridge level for gable, hip and gambrel roofs.
[Amended 4-21-1994 by Ord. No. 255-3-94]
The hard or paved surface portion of a street customarily
used for vehicles in the regular course of travel. Where there are
curbs, the "cartway" is that portion between the curbs. Where there
are no curbs, the "cartway" is that portion of the paved or graded
width.
That portion of a building partly below and partly above
grade, where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building.
A private organization principally for the enjoyment of outdoor
recreation, such as golf, tennis, swimming, riding, hiking and fishing.
Accessory facilities may be included if clearly subordinate to the
outdoor use, such as covered tennis courts fewer in number than open
courts, year-round pools, lockers and incidental eating and social
functions.
A private organization for social purposes in which the principal
use is in enclosed buildings and no outdoor sports are involved.
An accessory building used to board more than one horse not
owned by the resident.
[Added 12-19-2013 by Ord. No. 420.2013]
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development. These structures and improvements may include but
be not limited to swimming pools, tennis courts, building structures
and entries, pedestrian and bicycle pathways and other facilities
of a similar nature and deemed to be appropriate by the Planning Board.
These structures and improvements shall be limited to an area not
to exceed 25% of the common open space. Further, the entire area devoted
to common open space shall not exceed 50% of the open space.
[Added 12-3-1998 by Ord. No. 255-19-98[1]]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11b-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community, and shall include, but is not limited to group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the Health Care Facilities
Planning Act, P.L., 1971, c. 136 (N.J.S.A 26:2H-1 et seq.). In the
case of a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliate agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and Hospitals of the
Department of Human Services. The term "developmentally disabled person"
means a person who is developmentally disabled as defined in Section
2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2). The term "mentally ill
person" means a person who is afflicted with a mental illness, as
defined in N.J.S.A. 30:4-23, but shall not include a person who has
been committed after having been found not guilty of a criminal offense
by reason of insanity or having been found unfit to be tried on a
criminal charge.
[Added 2-2-1989 by Ord. No. 202-19-89; amended 4-17-2003 by Ord. No. 255-41-2003]
A community residential facility licensed pursuant to P.L.
1977, c.448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 persons with head injuries, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, supervised apartment
living arrangements, and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c.136 (N.J.S.A. 26:2H-1 et seq.).
[Added 4-17-2003 by Ord. No. 255-41-2003]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
[Added 4-17-2003 by Ord. No. 255-41-2003]
Any shelter approved for a purchase of a service contract
and certified pursuant to standards and procedures established by
regulation of the Department of Human Services pursuant to P.L. 1979,
c. 337 (N.J.S.A. 30:14-1), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
[Added 2-2-1989 by Ord. No. 202-19-89]
The neighborhood characteristics and visual amenities of
residentially zoned areas that people expect to be protected from
intrusion by commercial businesses.
[Added 12-19-2013 by Ord. No. 420.2013]
An application for development shall be "complete" for purposes of commencing the applicable time period for action by the Planning Board or Zoning Board of Adjustment, as the case may be, when so certified by the Board or its authorized designee as indicated in Article VIII of this chapter. In the event that the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period for action by the Board unless the application lacks information indicated on a checklist adopted by ordinance[2] and provided to the applicant and the Board or its authorized
designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the agency or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The municipal agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Board.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as specified in this chapter.
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the foundation and including the area under any roof
extending more than two feet beyond the foundation.
The square footage or other area measurement by which all
buildings and impervious surfaces cover a lot as measured in a horizontal
plane to the limits of the impervious area(s). All surfaced parking
areas and all required parking areas which are permitted to remain
unsurfaced shall be included in the computation of lot coverage.
A dead-end street, terminating with a turnaround, with a
single means of ingress and egress from a through street [a street
with two or more means of vehicular access]. The length of the cul-de-sac
shall be measured along the center line of the street from the street
line of the initial intersection with the intersecting through street
to the street line at the end of the cul-de-sac turnaround. Where
a cul-de-sac is interrupted by a looped road or other two-way divided
road, the cul-de-sac length shall be the total length measured along
each segment of the overall roadway having singular ingress and egress,
excluding that portion with two-way access.
[Added 7-7-1988 by Ord. No. 202-17-18]
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure; or any
mining, excavation or landfill; and any use or change in use of any
building or other structure or land or extension of use of land for
which permission may be required.
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, or lands required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A room or series of connected rooms designed for permanent
residency, containing living, cooking, sleeping and sanitary facilities
for one housekeeping unit. The dwelling shall be self-contained and
shall not require the use of outside stairs, passing through another
dwelling unit or indirect route(s) to get to any portion of the dwelling
unit, nor shall there be shared facilities with another housekeeping
unit.
DETACHED SINGLE-FAMILYA building, physically detached from other buildings or portions of buildings, which is occupied or intended to be occupied for residence purposes by one housekeeping unit, which has its own sleeping, sanitary and general living facilities.
APARTMENTA building containing at least three but no more than 16 dwelling units and not exceeding 2Â 1/2 stories and 35 feet in height. The apartment building is intended to be owned by the residents therein.
TOWNHOUSEOne building containing at least three but no more than eight connected dwelling units, where each dwelling unit is compatibly designed in relation to all other units but is distinct by such design features as width, setback, roof design, color, exterior materials and other features, singularly or in combination. Each dwelling unit may be a maximum of 2Â 1/2 stories and 35 feet in height, but nothing in the definition shall be construed to allow one dwelling unit over another.
A right to use the real property of another, created by deed
or other legal means, for the benefit of private persons or the public
for one or more specific purposes, such as access, drainage or provision
of utility services.
An elder cottage housing opportunity (ECHO) unit is a small
removable modular cottage on a lot with a dwelling. The ECHO unit
shall be a separate living quarters, accessory to a primary residence
on the premises, not exceeding 750 square feet of gross floor area
for the use of 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.
[Added 10-1-1998 by Ord. No. 255-16-98]
Any private residence approved by the Division of Youth and
Family Services or an organization with which the Division contracts
for family day care in which child-care services are regularly provided
to no fewer than three and no more than five children for no less
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
child-care services:
[Added 2-2-1989 by Ord. No. 202-19-89]
PRINCIPAL USESA lot with at least five acres devoted to the growing and harvesting of crops and/or the raising and/or breeding of animals, including truck farms, fruit farms, nurseries and greenhouses, silviculture operations, dairies and livestock produce; any lot with a dwelling unit situated thereon shall be considered a "farm" only if it contains a minimum of six acres and at least five acres is devoted to the principal uses noted herein.
ACCESSORY USESStructures incidental to farms, such as barns and packing, grading and storage buildings for produce raised on the premises; fences; buildings for keeping of poultry and livestock; and garages for the keeping of trucks and other equipment used in farm operations.
The relatively flat area adjoining a water channel which
has been or may be covered by floodwater of the channel, including
the following components:
FLOODWAYThe river or 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 one foot.
FLOOD HAZARD AREALand in the floodplain subject to a one-percent or greater chance of flood in any given year.
FLOOD FRINGE AREAThat portion of the flood hazard area outside of the floodway.
The plan projection of all roofed areas on a lot multiplied
by the number of full stories under each roof section, provided that
the area under any roof overhang of two feet or less shall not be
included in the "GFA" calculation. Basements which satisfy applicable
construction code definitions of habitable space are included in the
GFA for residential uses.
The finished and heated area fully enclosed by the inside
surfaces of walls, windows, doors and partitions and having a headroom
of at least 6Â 1/2 feet, including working, living, eating, cooking,
sleeping, stair, hall, service and storage areas, but excluding garages,
carports, parking spaces, cellars, half stories and unfinished attics
and basements.
The ratio of the gross floor area to the area of the lot
or tract.
An accessory building for the parking and storage of motor
vehicles regularly operated by occupants of the principal building
and in which no occupation, business or service for profit is carried
on. Said garage shall be limited to one story not exceeding 20 feet
in height at the ridge, no more than 1,000 square feet in total floor
area and shall be fully enclosed and contain at least one door suitable
for use by an automobile.
[Added 8-6-1992 by Ord. No. 255-1-92; amended 5-7-1998 by Ord. No. 255-13-98; 6-4-1998 by Ord. No. 255-14-98]
Any building, premises and land in which or upon which a
business, service or industry involving the maintenance, servicing,
repair or painting of vehicles is conducted or rendered.
The slope of a road, path, driveway, swale or other surface
or the average finished ground elevation adjoining a building at project
completion.
"Gross density" shall be determined by taking the tract acreage
multiplied by 0.90 (representing infrastructure deduction) and then
divided by the appropriate zone dwelling-unit/per-acre ratio to determine
the permissible gross density. This calculation shall be considered
as a theoretical maximum and confers no rights as to the number of
dwelling units to be actually built after appropriate development
review.
[Amended 9-10-1986 by Ord. No. 202-9-86]
Any activity engaged in by a person within a residential or agricultural residential zoned neighborhood at his or her permanent residence as a business, profession, or service for financial gain or as a nonprofit that generates client, customer, or patient traffic, requires the use and/or housing of commercial vehicles, employs nonresidents, or requires the storage of any materials or equipment used in conjunction with said activity. Home occupations are only those activities that are conducted at the resident's property. Home occupations are divided into minor and major classes depending on the intensity of the use. A home occupation not meeting the criteria for a minor home occupation shall be classified as a major home occupation. A home occupation is a conditional use secondary to a principal residential use of a property and shall be subject to all provisions and conditions as established in § 102-20 of the Code of the Township of Bethlehem.
[Amended 2-7-1991 by Ord. No. 255-91; 12-19-2013 by Ord. No.
420.2013]
A defined portion of a residential dwelling used solely by
permanent residents for the purposes of an activity exclusively confined
to the principal dwelling that is for family, personal or other related
activities which does not generate client, customer, or patient traffic,
does not require the use and/or housing of any commercial vehicles,
or does not require the storage of any materials or equipment used
in conjunction with said activity except typical office equipment
such as computers, fax machines, telephones, copying machines and
other typical office supplies and furnishings. Home office activities
include but are not limited to:
[Added 12-19-2013 by Ord. No. 420.2013]
Office activities such as are only incidental to a business
conducted at a separate location, such as telecommuting performed
as an employee, agent or contractor for an employer or principal conducting
business at a separate location if such activities do not involve
visitation by clients or customers and if there is no assertion or
representation that the residence address is a business address.
Office activities as a volunteer in support of a nonprofit,
political or charitable organization if such activities do not involve
visitation by clients or customers and if there is no assertion or
representation that the residence address is an address for such organization.
Sole proprietor or LLC business office: The residential address
serves a business address; otherwise, the office meets all requirements
of a home office.
A building or group of buildings consisting of individual
sleeping units designed for transient travellers and not for permanent
residency.
One or more persons living together in one dwelling on a
nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
Those areas as defined on the Hydric Soils Map.[4]
[Amended 4-10-1986 by Ord. No. 202-9-86]
Those surfaces which do not absorb rain. All buildings, parking
areas, driveways, roads, sidewalks and areas in concrete, asphalt
and packed stone shall be considered impervious surfaces within this
definition. In addition, other areas determined by the Municipal Engineer
to be impervious within the meaning of this definition shall also
be deemed an impervious surface.
[Added 11-6-2008 by Ord. No. 255-51-2008]
Any space, whether inside or outside a building, used for
the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition, salvage,
resale or abandonment of automobiles or other vehicles or machinery
or parts thereof.
An off-street parking space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, provided that no portion of an existing public
street shall be included in calculating a lot boundary or lot area;
and provided, further, that, for purposes of this chapter, contiguous
undersized lots under one ownership shall be considered one lot. The
"lot" includes the words "plot" and "premises." All lots approved
by official action of the Planning Board of the Township of Bethlehem
since the legal inception of the Planning Board shall be considered
approved building lots and shall not require any further action by
way of variance prior to issuance of a building permit.
[Amended 6-6-1985 by Ord. No. 202-8-85]
The area contained within the lot lines of a lot, not including
any portion of a street right-of-way.
A lot abutting the intersection of two or more streets where
the interior angle of intersection does not exceed 135%. Each "corner
lot" shall have two front yards, one side yard and one rear yard,
the side and rear yard to be designated at the time of application
for a construction permit.
The perpendicular distance between the street line or front
lot line and a line drawn parallel thereto through the midpoint of
the rear lot line. In the instance where either the street line, front
lot line or the rear lot line is curved, then the lot depth distance
shall be measured from the midpoint of the straight line joining the
extreme intersecting points of the curved line with the side lot lines,
i.e., the chord.
[Amended 4-10-1986 by Ord. No. 202-9-86]
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the minimum
lot width, except that where the lot frontage is a curve with an outside
radius of less than 500 feet, the minimum frontage shall not be less
than 75% of the minimum lot width. In the case of a corner lot, either
street line may be considered the "lot frontage," provided that it
equals or exceeds the minimum frontage requirements of this chapter
for the land in question.
A lot other than a corner lot.
The straight line horizontal distance between side lot lines
at setback points on each side lot line measured from the street line
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than 75% of the minimum lot frontage for the zoning district
in which the lot is located.[5]
Applicants for a major home occupation must appear before
the Planning Board for approval prior to acquiring a license from
the Zoning Officer.
[Added 12-19-2013 by Ord. No. 420.2013]
[Added 12-19-2013 by Ord. No. 420.2013]
The Planning Board, Board of Adjustment or Township Committee,
or any other agency created or responsible to one or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1 et seq.
A building or structure, the size dimension or location of
which was lawful prior to the adoption, revision or amendment of this
chapter but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter but fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails to conform to
the requirements of the zoning district in which it is located by
reasons of such adoption, revision or amendment.
Located outside the lot lines of the property in question
but within the property (of which the lot is a part) which is the
subject of a development application or on a contiguous portion of
a street right-of-way or drainage or utility easement.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street right-of-way or
drainage or utility easement.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. Open space may also
be dedicated or reserved by lease or deed for agricultural use by
a third party. Said lease or deed shall restrict the use of the open
space and provide for a termination of the lease or a reversion of
ownership in the event that said open space is used for a nonagricultural
purpose or contrary to the resolution of development approval or the
lease and deed restrictions. Such areas may be improved with only
those buildings, structures, streets and off-street parking and other
improvements that are designed to be incidental to the natural openness
of the land and deemed to be appropriate by the Planning Board.
[Added 12-3-1998 by Ord. No. 255-19-98]
An incorporated, nonprofit organization operating in a planned
development under a recorded land agreement, provided that:
An area not less than nine feet wide by 20 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for dwelling units from being considered off-street parking areas,
provided that no portion of such public driveway within the right-of-way
line of the street intersected by such driveway shall be considered
off-street parking space. The width and length of each space shall
be measured perpendicular to each other regardless of the angle of
the parking space to the access aisle or driveway.
Any security, in accordance with the requirements of this
chapter, which may be accepted subject to review and approval by the
Township Attorney in lieu of a requirement that certain improvements
be completed prior to final approval of a development application,
including performance bonds, letters of credit, escrow agreements
and other similar collateral or surety agreements.
Any use of land or buildings as permitted by this chapter.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
[Added 4-17-2003 by Ord. No. 255-41-2003]
RESIDENTIAL CLUSTERAn area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.[7]
A building, structure or use which is the main or primary
building, structure or use on the lot.
The use of land or buildings by the governing body of the
township or any officially created authority or agency thereof.
A building, accessory to a detached dwelling unit, which
is utilized for the storage of tools, lawn and garden equipment and
furniture and similar items of personal property owned by occupants
of the detached dwelling unit.
[Added 8-6-1992 by Ord. No. 255-1-92]
Any establishment, however designated, at which food is sold
primarily for consumption on the premises and within a building. However,
a snack bar or refreshment stand at a public or community swimming
pool, playground, playfield or park, operated solely by the agency
or group operating the recreational facility and for the convenience
of patrons of the facility, shall not be deemed a "restaurant."
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but not including conveyances so as
to combine existing lots by deed or other instrument.
A period not to exceed 120 calendar days.
[Added 12-19-2013 by Ord. No. 420.2013]
Lands and buildings providing for the sale of automotive
fuel, lubricants and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs or
painting or storage of inoperable, wrecked or unregistered vehicles
shall be permitted. Additionally, no car wash operation, car or truck
rental, parking for a fee or other activity not specifically a part
of the service station use shall be permitted.
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or lot line and
beyond which a building or part of a building is not permitted to
extend toward the street line or lot line.
A triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than 30 inches above the street center
line, except for street signs, fire hydrants and light standards.
Any building or structure or portion thereof on which any
announcement, declaration, demonstration, display, illumination or
insignia is used to advertise or promote the interest of any person
or products when the same is placed in view of the general public.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not limited to topography, vegetation, drainage,
floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the plan in accordance with the requirements of this chapter.
Any development plan which is limited to the proposed construction of any permitted accessory use(s), such as a sign or off-street parking area, as such accessory uses are specifically permitted in Article IV of this chapter or any development plan consisting of an expansion of or addition to an existing conforming structure and use not exempted from site plan review by § 102-49B(2) of this chapter and not accounting for more than 25% additional building coverage and not exceeding more than 8,000 cubic feet of enclosed and roofed area, provided that such development plan does not involve a planned development, the installation of any road improvements or the expansion of public facilities and does not adversely affect the development of an adjoining property or properties.
Any development plan not classified as a minor site plan.
The examination of the specific development plan for a lot
or tract of land. Whenever the term "site plan approval" is used in
this chapter, it shall be understood to mean a requirement that the
site plan be reviewed and approved by the Planning Board.
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. (See Article VI, § 102-37.3, entitled "Solar energy facilities" to reference the complete solar ordinance and standards.)
[Added 5-3-2012 by Ord. No. 255.55.2012]
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the surface between the floor and the ceiling
next above it. For the purpose of this chapter, the interior of the
roof shall not be considered a ceiling. Moreover, cellars and unfinished
basements shall not be considered "stories" when considering the height
of a building. Finally, a "half story" is the area under a pitched
roof at the top of a building, the floor of which is at least four
feet but no more than six feet below the plate.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown on a plat heretofore approved pursuant to law or
which is approved as provided by this chapter or which is shown on
a plat duly filed and recorded in the office of the county recording
officer prior to the appointment of a Planning Board and the grant
to such Board of the power to review plats, and includes the land
between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, sidewalks, parking areas and
other areas within the street line.
The edge of the existing or future street right-of-way, whichever
may result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land, including but not limited to buildings, fences,
standards, signs, towers, tanks, swimming pools and tennis courts.
The division of a lot, tract or parcel of land in two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered "subdivisions"
within the meaning of the chapter if no new streets are created: divisions
of land found by the Planning Board to be for agricultural purposes
when all resulting parcels are five acres or more in size; divisions
of property by testamentary or intestate provisions, provided that
the division is in conformity with the applicable ordinance requirements;
divisions of property upon court order, including but not limited
to judgments of foreclosure; consolidation of existing lots by deed
or other recorded instrument; and the conveyance of one or more adjoining
lots, tracts or parcels of land, owned by the same person or persons
and found and certified by the administrative officer to conform to
all requirements of the municipal development regulations and which
are shown and designated as separate lots, tracts or parcels on the
Tax Map or atlas in the municipality. The term "subdivision" shall
also include the term "resubdivision."
MINOR SUBDIVISIONAny division of land containing an aggregate of not more than two lots [one new lot and the remaining parcel], each fronting on an existing street or streets; not involving any new street or the installation of any street improvements or the extension of township facilities; not involving any streets requiring additional right-of-way width as specified in the Master Plan or Official Map and/or the street requirements of this chapter unless such additional right-of-way width, either along one or both sides of said street(s), as applicable, shall be deeded to the township or to the appropriate governmental authority; not adversely affecting the development of the remainder of the parcel or adjoining property; not being a further division of an original tract of land for which previous subdivision(s) have been approved by the township within the previous 12 months and where the combination of the proposed and approved minor subdivision(s) constitute a major subdivision; and not being deficient in those details and specifications required of minor subdivisions as specified in this chapter. The original tract of land shall be considered any tract in existence at the time of the adoption of this Land Development Ordinance as shown on the Township Tax Maps. Any readjustment of lot lines resulting in no new lots shall be classified as a "minor subdivision."
[Amended 12-8-1988 by Ord. No. 202-18-88]
MAJOR SUBDIVISIONAny division of land not classified as a minor subdivision.
The examination of the specific plat for a lot or tract of
land. Whenever the term "subdivision approval" is used within this
chapter, it shall be understood to mean a requirement that the subdivision
plat be reviewed and approved by the Planning Board.
A swimming pool that is not otherwise permanently installed;
does not require water filtration, circulation and purification; does
not exceed 24 inches in depth; does not exceed a water surface of
250 square feet; and does not require braces or supports. Portable
swimming pools shall not be subject to the requirements of this chapter.
Includes artificially constructed pools, whether located
above or below the ground, having a depth of more than 24 inches and
or a water surface of 250 square feet or more, designed and maintained
for swimming and bathing purposes by an individual for use by members
of his household and guests and which is located on a lot as an accessory
use to a residential dwelling, and includes all buildings, structures,
equipment and appurtenances thereto.
The Township of Bethlehem, Hunterdon County, New Jersey.
An area of land comprised of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended;
it being understood that no lands within an abutting street right-of-way
shall be considered as part of a "tract" and that such land area must
first be deducted from the area calculations and the tract dimensions
prior to ascertaining the tract's conformance with the applicable
requirements of this chapter. The original land area may be divided
by one existing public street and still be considered one "tract,"
provided that the street is not an arterial road and that a linear
distance equal to more than 75% of the frontage of the side of the
street having the larger street frontage lies opposite an equivalent
linear distance of street frontage on the other side of the street.
[Amended 4-10-1986 by Ord. No. 202-9-86]
Permission granted to an applicant for development by the
Planning Board or the Zoning Board of Adjustment, as the case may
be, to depart from the literal requirements of the zoning provisions
of this chapter.
A building used primarily for the storage of goods and materials
which may contain terminal facilities for the distribution of said
goods and materials.
Those areas as defined on the Wetlands Map.[8]
[Amended 4-10-1986 by Ord. No. 4-10-1986]
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
and at right angles to either a straight street line or the tangent
lines of curved street lines.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the tangent of curved rear lot lines.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
line or the tangent lines of curved lot lines.
[1]
Editor's Note: The former definition of "common
property," which immediately followed this definition, was repealed
12-3-1996 by Ord. No. 255-19-98.
[2]
Editor's Note: The checklists are included
at the end of this chapter.
[3]
Editor's Note: A copy of the Critical Areas Map is included at the end of this chapter.
[4]
Editor's Note: The Hydric Soils Map is on
file in the office of the Township Clerk.
[5]
Editor's Note: The former definition of "manufacturing,"
added 12-19-2002 by Ord. No. 255-35-2002, which definition immediately
followed this definition, was repealed 11-6-2003 by Ord. No. 255-42-2003.
[6]
Editor's Note: Former Subsection C, regarding
the right of each owner and tenant to use the common property, which
immediately followed this subsection, was repealed 12-3-1998 by Ord.
No. 255-19-98.
[7]
Editor's Note: Former Subsection B, "planned
unit developments," which immediately followed this subsection, was
repealed 6-15-1995 by Ord. No. 255-5-95.
[8]
Editor's Note: The Wetlands Map is included at the end of this chapter.
