Township of Bethlehem, NJ
Hunterdon County
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Table of Contents
Table of Contents
A. 
For the purpose of this chapter, certain phrases and words are herein described as follows:
(1) 
Words used in the present tense include the future.
(2) 
Words used in the singular number include the plural number, and vice versa.
(3) 
Words used to include the male gender include the female gender, and vice versa.
(4) 
The word "used" shall also include arranged, designed, constructed, altered, converted, rented, leased or intended to be used.
(5) 
The word "lot" includes the word "plot" and "premises."
(6) 
The word "building" includes the word "structure," "dwelling" or "residence."
(7) 
The word "shall" is mandatory and not discretionary.
B. 
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:
ACCESSORY APARTMENT
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]
ACCESSORY BUILDING, STRUCTURE OR USE
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.
ADMINISTRATIVE OFFICER
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]
ADVERSE EFFECT
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.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in or additions to the supporting members of a building, such as columns, walls, girders, beams or rafters.
APPLICANT
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.
APPLICATION FOR DEVELOPMENT*
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.
BASEMENT
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.
BEDROOM
A room planned or used primarily for sleeping.
BILLBOARD
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.
BUILDING*
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHT
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]
CARTWAY
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.
CELLAR
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.
CLUB, OUTDOOR
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.
CLUB, SOCIAL
A private organization for social purposes in which the principal use is in enclosed buildings and no outdoor sports are involved.
COMMERCIAL STABLE
An accessory building used to board more than one horse not owned by the resident.
[Added 12-19-2013 by Ord. No. 420.2013]
COMMON OPEN SPACE
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]]
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
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]
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
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]
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
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]
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
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]
COMMUNITY STANDARDS
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]
COMPLETE APPLICATION*
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.
CONDITIONAL USE*
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.
COVERAGE, BUILDING
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.
COVERAGE, LOT
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.
CRITICAL AREAS
The areas delineated and described on the Critical Areas Map which is part of this chapter[3] and §§ 102-10 and 102-38.
[Added 11-16-1989 by Ord. No. 202-20-89]
CUL-DE-SAC
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]
DEVELOPMENT*
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.
DRAINAGE AND UTILITY RIGHT-OF-WAY
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.
DWELLING UNIT
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.
A. 
A 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.
B. 
A building containing at least three but no more than 16 dwelling units and not exceeding 2 1/2 stories and 35 feet in height. The apartment building is intended to be owned by the residents therein.
C. 
One 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 2 1/2 stories and 35 feet in height, but nothing in the definition shall be construed to allow one dwelling unit over another.
EASEMENT
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.
ECHO UNIT
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]
FAMILY DAY-CARE HOME
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]
A. 
A child being cared for is legally related to the provider; or
B. 
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
A. 
A 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.
B. 
Structures 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.
FLOODPLAIN
The relatively flat area adjoining a water channel which has been or may be covered by floodwater of the channel, including the following components:
A. 
The 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.
B. 
Land in the floodplain subject to a one-percent or greater chance of flood in any given year.
C. 
That portion of the flood hazard area outside of the floodway.
FLOOR AREA, GROSS (GFA)
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.
FLOOR AREA, NET HABITABLE (NHFA)
The finished and heated area fully enclosed by the inside surfaces of walls, windows, doors and partitions and having a headroom of at least 6 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.
FLOOR AREA RATIO (FAR)
The ratio of the gross floor area to the area of the lot or tract.
GARAGE, PRIVATE
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]
GARAGE, REPAIR
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.
GRADE
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
"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]
HOME OCCUPATION
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]
HOME OFFICE
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]
A. 
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.
B. 
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.
C. 
Sole proprietor or LLC business office: The residential address serves a business address; otherwise, the office meets all requirements of a home office.
HOTEL and/or MOTEL
A building or group of buildings consisting of individual sleeping units designed for transient travellers and not for permanent residency.
HOUSEKEEPING UNIT
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.
HYDRIC SOILS
Those areas as defined on the Hydric Soils Map.[4]
[Amended 4-10-1986 by Ord. No. 202-9-86]
IMPERVIOUS SURFACES
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]
JUNKYARD
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.
LOADING SPACE
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.
LOT*
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]
LOT AREA
The area contained within the lot lines of a lot, not including any portion of a street right-of-way.
LOT, CORNER
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.
LOT DEPTH
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]
LOT FRONTAGE
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.
LOT, INTERIOR
A lot other than a corner lot.
LOT WIDTH
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]
MAJOR HOME OCCUPATION
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]
A. 
No persons that are not resident on the premises may be employed to perform the occupation.
B. 
No more than one client, patron or customer may be on the premises for business or professional purposes at any one time.
C. 
A license is not required.
MUNICIPAL AGENCY*
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.
NONCONFORMING BUILDING OR STRUCTURE*
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.
NONCONFORMING LOT*
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.
NONCONFORMING USE*
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.
OFF-SITE*
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.
OFF-TRACT*
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.
ON-SITE*
Located on the lot in question.
ON-TRACT*
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.
OPEN SPACE
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]
OPEN SPACE ORGANIZATION
An incorporated, nonprofit organization operating in a planned development under a recorded land agreement, provided that:
A. 
Each owner is automatically a member; and
B. 
Each occupied dwelling unit is automatically subject to a charge for proportionate share of expenses for the organization's activities and maintenance, including any maintenance costs levied against the organization by the township;[6]
PARKING SPACE
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.
PERFORMANCE GUARANTY
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.
PERMITTED USE
Any use of land or buildings as permitted by this chapter.
PERSON WITH HEAD INJURY
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]
A. 
An 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]
PRINCIPAL BUILDING, STRUCTURE OR USE
A building, structure or use which is the main or primary building, structure or use on the lot.
PUBLIC PURPOSE USE
The use of land or buildings by the governing body of the township or any officially created authority or agency thereof.
RESIDENTIAL SHED
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]
RESTAURANT
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."
RESUBDIVISION*
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.
SEASONAL
A period not to exceed 120 calendar days.
[Added 12-19-2013 by Ord. No. 420.2013]
SERVICE STATION
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.
SETBACK LINE
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.
SIGHT EASEMENT AT INTERSECTION
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.
SIGN
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.
SITE PLAN*
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, floodplains, marshes and waterways.
B. 
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.
C. 
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.
SITE PLAN, MINOR
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.
SITE PLAN, MAJOR
Any development plan not classified as a minor site plan.
SITE PLAN REVIEW
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.
SOLAR ENERGY FACILITY
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]
STORY
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.
STREET
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.
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.
STRUCTURE*
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.
SUBDIVISION*
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."
A. 
Any 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]
B. 
Any division of land not classified as a minor subdivision.
SUBDIVISION REVIEW
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.
SWIMMING POOL, PORTABLE
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.
SWIMMING POOL, PRIVATE RESIDENTIAL
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.
TOWNSHIP
The Township of Bethlehem, Hunterdon County, New Jersey.
TRACT
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]
VARIANCE*
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.
WAREHOUSE
A building used primarily for the storage of goods and materials which may contain terminal facilities for the distribution of said goods and materials.
WETLANDS
Those areas as defined on the Wetlands Map.[8]
[Amended 4-10-1986 by Ord. No. 4-10-1986]
YARD, FRONT
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.
YARD, REAR
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.
YARD, SIDE
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.